AKHAND PRATAP SINGH Vs. CBI

JUDGEMENT

(1.) The present petition under Section 482 Code of Criminal Procedure, 1973 (hereinafter mentioned as "Cr.P.C.") has been filed by the petitioner for setting aside the impugned order dated 31.07.2014 and for quashing the proceedings emanating from RC/FIR No.2(A)/2005/CBI/SPE-ACU-V, pending in the Court of learned Special Judge, Saket Courts, Delhi.

(2.) Factual matrix, emerges from the record, is that the CBI registered a case against the petitioner under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "P.C. Act") on 19.03.2005 with the allegations that during the period 01.01.1978 to 31.05.1991, the petitioner amassed the assets disproportionate to his known sources of income to the tune of Rs.21,45,872/- in the form of movable and immovable properties in his name and in the name of his family members and others. The petitioner being an IAS officer (UP Cadre), 1967 batch retired as Chief Secretary, Government of Uttar Pradesh in December, 2003. The specific allegations against the petitioner are that he had earned huge amount of money illegally during his service tenure and also suspected to have laundered the same in immovable assets in the name of his various family members. He is also alleged to own fleet of cars, leading an extravagant lifestyle and also spending huge money on education and marriage of his two daughters as well as acquisition of jewellery. During investigation it was revealed that petitioner has acquired substantive assets in his own name and in the name of his family members during the period 1982 to 1998 and therefore, the check period was fixed from 01.04.1982 to 31.03.1998. the investigation revealed that the petitioner was having immovable and movable assets to the tune of Rs. 1,61,100/- in his name and in the name of his family members at the beginning of the check period i.e. 01.04.1982 and during the check period, petitioner and his wife namely, late Smt. Neelam Singh has an income of Rs. 54,53,638/-.

(3.) Investigation into the allegations was investigated by the CBI and a charge-sheet was filed before the Court against 12 accused persons including the petitioner. The Trial Court vide order dated 31.07.2014, ordered to frame charge under Section 13(1)(e) read with Section 13(2) of the P.C. Act and Sections 468 and 471 of the Indian Penal Code, 1908 (hereinafter referred to as "IPC"). Co-accused Juhie Singh and Java Singh were also held liable under Section 109 IPC read with Section 13(1)(e) read with Section 13(2) of the P.C. Act.