RITA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 ( Cr. PC ) filed by the Petitioner challenging an order dated 7th February, 2005 passed by the learned Metropolitan Magistrate, New Delhi ( MM ) summoning the Petitioner to face the trial for the offences under Sections 120b read with section 420 IPC along with other accused in case RC AC (A)/2002 (ACU 1) (CBI v. J. K. Singh ).

(2.) THE charge sheet dated 30th December, 2004 filed in the aforementioned case has been placed on record as Anneuxre P-3. It indicates that the case was registered on 20th May, 2002 on the basis of information that one Shri Vijay sharda, the then Deputy General Manager, I. M. C. , BHEL, Jhansi and Shri N. K. Garg, the then Senior Manager, Transport Business Department, TRD, BHEL, New delhi in conspiracy with Shri J. K. Singh, Chairman of M/s. Mideast Integrated steel Limited ( MISL ) abused their official position with the object of cheating the BHEL and to show undue favour to a private firm, in the matter of supply of five diesel electric locomotives to M/s. MISL. It is stated that as a result of the criminal conspiracy, a pecuniary loss to the tune of Rs. 3 crores was caused to BHEL, a Government of India undertaking and a corresponding pecuniary gain, was caused to M/s. MISL. The charge sheet then narrates the details of investigation carried out. In paras 20 to 22, the following conclusions have been reached: 20. That the above facts disclose that Shri J. K. Singh Chairman-cum-Managing director of M/s. MISL in conspiracy with Shri I. B. Singh Deputy General Manager of M/s. MISL, cheated BHEL to the tune of Rs. 2,04,66,375/- by intentionally and deliberately changing the mode of payment which was to be routed through a nationalized bank as per terms of contract. Further, even after changing the mode of payment, they defaulted on pending payment in spite of having a huge bank balance of Rs. 40 crores in ANZ Grindlays Bank Connaught Circus Branch. In this regard Shri A. K. Mathur, the then Deputy General Manager, Shri N. K. Garg, deputy General Manager, TBD, New Delhi, Shri Vijay Sharda, Additional General manager, BHEL, Bhopal and Shri A. K. pandey, Senior Engineer, LMC, BHEL Jhansi also committed acts of commission and omission which resulted in wrongful pecuniary loss to BHEL. The aforesaid public servants were negligent in not ensuring proper performance of contract by M/s. MISL as per laid down terms and conditions. 21. That the aforesaid public servants are not being prosecuted since sanction for prosecution against them under Section 19 of IPC Act, 1988 has been declined by the competent authority inter alia on the grounds that their conduct any warrants Regular Department Action. 22. That from the fact mentioned above, it has been established that Shri J. K. Singh and Shri I. B. Singh have committed offences punishable under Section 120b read with Section 420 IPC and substance offences thereof.

(3.) IN column No. 1 of the charge sheet, the name of the accused i. e. Shri j. K. Singh and Shri I. B. Singh have been mentioned and in column No. 2 names of the officials of BHEL, who have not been sent up for trial, have been indicated.