SURENDRA BAHADUR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the accused-petitioners for invoking its inherent power under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Code) for quashing the proceeding of complaint Case No. 10 of 2007 filed by the opposite party No.3-complainant against them in the court of learned Special Judge (Anti Corruption), Gorakhpur as well as for quashing the orders dated 10.5.2007 and 16.5.2007, passed by learned Special Judge (Anti-Corruption), Gorakhpur whereby he has taken cognizance of the offences on the complaint of the complainant and directed the Superintendent of Police, Vigilance, Lucknow to conduct inquiry in the matter.

(2.) From a perusal of the record, it appears that the learned Special Judge (Anti-Corruption), Gorakhpur, vide order dated 10.5.2007, had entertained the impugned complaint filed by the opposite party no.3. He took cognizance of the offences and recorded the statement of the complainant under Section 200 of the Code and thereafter fixed 16.5.2007 for recording the statement of witnesses under Section 202 of the Code. The learned Special Judge, vide order dated 16.5.2007, instead of making inquiry himself under Section 202 of the Code keeping in view the facts and circumstances of the case as well as nature of the offences alleged to have been committed by the accused petitioners thought it proper to get the matter preliminary inquired by the Vigilance Department, Lucknow. Consequently, he by the impugned order dated 16.5.2007 directed the Superintendent of Police, Vigilance, Lucknow to get the matter inquired in to from his own level and submit report before the court within two months from the date of the order.

(3.) The relevant facts giving rise to the present petition may be summarized as under: