RAVINDRA PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present criminal misc. application u/s 482 Cr.P.C., applicant seeks to quash the order dtd. 19/9/2012 passed by Special Judge, Anti-Corruption, Vigilance, Dehradun as well as the entire proceedings of Special Sessions Trial No.35 of 2009 State v. Ravindra Prasad, relating to offence punishable under Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act, 1988.

(2.) Facts necessary for proper adjudication of the case are that the applicant joined the services on 9/11/1983 as Junior Engineer and hold different posts till 17/2/2009 and reached upto the post of Executive Engineer. On 22/5/2008 Director, Vigilance Establishment, Dehradun wrote a letter to the Principal Secretary, Vigilance, Government of Uttarakhand, submitting the report of the suo moto confidential preliminary inquiry, conducted by the Vigilance Establishment against the applicant, mentioning therein that, four properties belonging to the applicant and his wife, has been acquired by the applicant by misuse of his official position in illegal manner, and accordingly proposed to the government to carry out an open investigation against the applicant for disproportionate asset. Pursuant to said letter, an F.I.R. was registered at P.S. Vigilance, Sector Dehradun on 25/8/2008. The gravamen of the allegations are that between the check period 1983 to 14/4/2008 the applicant has established a petrol pump in the name of his wife Tehsil Kicha District Udham Singh Nagar and has spent a sum of Rs.60,00,000.00 approx; applicant has purchased a land measuring 0.2385 hectare in the name of his wife, amounting to Rs.3,00,000.00, applicant has constructed a residential house with the name of his wife in the year 2003-04 at Vijay Park, Dehradun, with the cost of Rs.30.0040 lacs, applicant has further purchased a land at G.M.S. Road, Dehradun in the sum of Rs.25,00,000.00 approx. Thereafter, matter was investigated. During the course of investigation, a raid was conducted in the house of the applicant and Rs.54,70,000.00 in cash, gold and silver jewellery worth Rs.2,47,759.00, FDR in the shape of Rs.1,00,000.00 and insurance policies of different amounts, NSC of Rs.7500.00, bank account in the sum of Rs.21,13,101.00 along with valuable household items were recovered. On 17/4/2009, previous sanction to prosecute the applicant was granted by the Government. Thereafter, on 18/4/2009, charge-sheet was submitted against the applicant under Ss. 13(1) (e) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, the Act). On submission of charge-sheet, trial court took cognizance in the matter.

(3.) Learned Senior Counsel appearing for the petitioner would contend that the check period to check the assets of the applicant was from 1983 to 14. 4.2008 but this was later unilaterally extended from the year 1983 to 17/2/2009 in the charge-sheet wherefor no permission was sought from the government.