DHANESH CHANDRA SAXENA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the arguments of Sri Ambrish Chandra Pandey and Sri Sheshadri Trivedi, learned counsel for the applicants and Sri G.P. Singh and Sri B.A. Khan, learned A.G.A. for the State.

(2.) These Applications under Section 482 Cr.P.C. have been filed with prayers to quash the impugned charge-sheet dated 25.06.2018 filed under Sections 420 , 467 , 468 , 471 , 511 , 209 , 120-B of I.P.C. and Sections 13 (1) D and 13 (2) of Prevention of Corruption Act and charge-sheet dated 1.02.2018 filed under Sections 420 , 467 , 468 , 471 , 511 , 204 of I.P.C. arising out of Case Crime No. 1753 of 2007, P.S. Kotwali, District Bareilly upon which learned Special Judge, Anti Corruption-I, Bareilly has been pleased to take cognizance of the offences by the orders dated 10.07.2018 and 12.03.2018 respectively as well as entire proceedings of Criminal Case No. 05 of 2018 (State Vs. Dharmesh Chandra Saxena) and Criminal Case No. 03 of 2018 (State Vs. Sharda Bhargawa) respectively.

(3.) As per F.I.R., the prosecution version is that an open enquiry was held in the matter of causing huge loss to Nagar Nigam by the officers'/officials' collusion by entering into compromise in Lok Adalat at a small amount of tax and in the said enquiry, it was found that between period 24.03.1996 to 16.05.1998 as many as 48 compromises were done in Lok Adalat, Bareilly, District Court and apart from those cases, in one case, being Case No. 92 of 1996 pending in the court of A.D.J.-VI, Bareilly, Kashinath Sharma and Smt. Sharda Bharghava, Kavisha Motors Private Limited, Rampur Road Vs. Nagar Nigam, Bareilly, during inquiry, it was revealed that the appeal was compromised for House Tax amount of Rs. 72,000/- in place of actual House Tax amount of Rs. 8,87,721/- and the said order reducing the House Tax amount dated 16.03.1997 was found to be forged.