RAVINDRA KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) By means of this application under Section 482, Cr.P.C. the applicant has prayed for quashing of his prosecution in case No. 4 of 1997 (R.C. No. 32(A) of 1996-C.B.I. Lucknow), under Sections 120-B, 420, 467, 468, 471, 420/511, I.P.C. and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, pending in the Court of Special Judge Anti Corruption (West), U.P., Lucknow.

(2.) The facts of the case, in brief, are that a scam was unearthed and whereby an embezzlement of public money for about 26,00,00,000/- (twenty six crores of rupees) was detected in the Directorate of Ayurvedic and Unani Services, Uttar Pradesh, Lucknow which was going on for years. The applicant who was posted in the said directorate for a very short period i.e. for two and a half months only, was allegedly found involved in the above scam. A case, being R.C. No. 32(A) of 1996 was registered by the Central Bureau of Investigation (hereinafter referred to as C.B.I.) under Sections 120-B, 420, 467, 468, 471, 420/511, I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act against the applicant and six others. The C.B.I, after investigation, filed a charge-sheet against the applicant and six others in the Court of Special Judge, Anti Corruption (West), U.P., Lucknow. The allegation against the applicant in the charge-sheet was that he entered into a conspiracy with other accused persons to defraud the State of Uttar Pradesh of crores of rupees by committing the offences of forgery and criminal misconduct.

(3.) The C.B.I. moved the State Government for sanctioning the prosecution of the applicant and other co-accused under Section 197, Cr.P.C. The State Government by order dated 26-2-1997 refused to sanction prosecution of the applicant and other co-accused. Thereafter on the application of the C.B.I.the matter was reviewed and sanction for prosecution of the applicant and other co-accused for the offences punishable under the provisions of the Indian Penal Code was granted by the State Government under Section 197, Cr.P.C. by order dated 29-5-1997. Sanction for prosecution of the applicant and other co-accused for the offences punishable under the Prevention of Corruption Act was also sought from the Central Government under Section 19 of the Prevention of Corruption but the Central Government by order dated 7-11-1997 refused to grant sanction for prosecution of the applicant and other co-accused under the provisions of the Prevention of Corruption Act.