ANURAG JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By means of present application under Sec. 482 Cr.P.C., the applicant seeks to quash the charge sheet dtd. 29/9/2012, as also the entire proceedings of criminal case no. 04 of 2012, CBI Vs Anurag Jain, under Ss. 420, 468, 471 of IPC; Sec. 3/7 of the Essential Commodities Act and Sec. 9B of the Explosive Act, pending in the court of Addl. Chief Judicial Magistrate, Dehradun (Special Magistrate CBI).

(2.) Brief facts of the case are that an FIR was lodged by N.K. Bhatt, Inspector CBI, Dehradun on dtd. 29/3/2012 against the applicant Anurag Jain, Proprietor, Anurag Gas Agency and others, in respect of offences punishable under Ss. 120B, 420 IPC, Sec. 3/7 of the Essential Commodities Act and Sec. 13(2) read with 13(1)(d) of the Prevention of Corruption Act stating therein that the domestic gas cylinders are being diverged for use in the commercial establishments in furtherance of conspiracy of the sales officer and the proprietor of the gas agency. It is also alleged in the FIR that the office-cum-residential premises is being used for storage of domestic and commercial gas cylinders in contravention of the license and there are lapses and laxity in maintaining the records of the gas agency.

(3.) On the basis of aforesaid allegations, a criminal case has been registered and the investigation had been initiated by the CBI. After completion of investigation, charge sheet was submitted against the applicant under Ss. 420, 468, 471 of IPC; Sec. 3/7 of Essential Commodities Act and Sec. 9B Explosive Act.