JUDGEMENT
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(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.
(2.) BEFORE adverting to the submissions advanced on behalf of the petitioner, the order dated 18.05.2012 needs to be recorded, which is as follows: -
"Learned counsel appearing for the petitioner submits that on the allegation that large scale irregularities have been committed in the matter of installation of hand -pumps, whereby the accused persons have misappropriated a huge amount, an F.I.R. was registered on 15.04.1999.
Even after passing of more than 10 years, when the charge sheet was not submitted, this application was filed for quashing of the entire criminal proceeding on the ground of denial of right to speedy justice. However, during pendency, charge sheet has been submitted, but still the ground on which the case is being sought to be quashed survives.
Earlier the Vigilance was directed to file counter -affidavit so as to know about the reason for delay in filing the charge sheet, but unfortunately no counter affidavit has been filed.
However, with a view to give one more opportunity, the case is adjourned on 22.06.2012, so that counter affidavit be filed, failing which, the Court will proceed with the matter on the basis of the material available on record.
List this case on 22.06.2012.
In terms of the order dated 18.05.2012, no counter affidavit has been filed.
(3.) MR . Jai Prakash, learned senior counsel appearing for the petitioner submits that it is the case of the prosecution that then the Executive Engineer in his progress report reported that 2699 hand -pumps have been installed in the financial years 1990 -91, 1991 -92 and 1992 -93, but from other documents issued from the same office, it transpired that only 2171 hand -pumps had been stopped and, thereby, it has been alleged that 528 hand -pumps had never been installed, though the amount had been withdrawn.;
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