(1.) BY virtue of this Petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the Petitioner seeks to challenge an order dated 08.11.2011 passed by the learned Special Judge whereby charges for the offence punishable under Section 120-B read with Sections 419/420/467/468/471 IPC and under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (the P.C. Act) was ordered to be framed against the Petitioner.
(2.) THE prosecution was launched against the Petitioner on the basis of allegations which can be culled out from paras 1 and 2 of the impugned order hereunder:
(3.) THE learned senior counsel argues that the Petitioner himself had written a note (D-7) that the list of the members cannot be sent to the DDA for approval unless a due enquiry is conducted by the office in respect of election, audit as well as on resignations. The learned senior counsel urges that the Petitioner's proposal was approved by the Registrar of Co- operative Societies and the Dealing Assistant Gopal Singh Bisht (A-5) prepared a note at Page 25/N and reported about the verification on this aspect. When the file was put up to the Assistant Registrar (Policy) he wrote a note raising certain objections as under:-