ANIL JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application under Sec. 482 of the Code of Criminal Procedure has been filed by the Applicant, Anil Joshi, seeking quashing of Charge Sheet No. 04 of 2023 dtd. 5/7/2023, the cognizance and summoning order dtd. 19/9/2023 passed by the learned Special Judge (Prevention of Corruption Act)/Second Additional District and Sessions Judge, Haldwani, District Nainital, and the consequential proceedings of Special Sessions Trial No. 49 of 2023, insofar as they relate to the Applicant.

(2.) The case originates from a written complaint dtd. 2/5/2023 submitted by the complainant, Rajendra Singh Mehta, before the Senior Superintendent of Police, Vigilance Establishment, Haldwani. In the complaint, allegations were levelled against one Dr. Tapan Kumar Sharma, posted as Additional Chief Medical Officer, to the effect that illegal gratification was being demanded in connection with publicity programmes conducted under a government scheme.

(3.) On the said complaint, a preliminary enquiry was conducted, and thereafter permission was granted for laying a trap. Pre-trap proceedings were conducted on 8/5/2023 by the Vigilance Establishment.