MAHESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) V. N. Mehrotra, J. This petition has been filed under Section 482, Cr. P. C. for quashing the entire proceedings along with the charge framed in Criminal Case No. 1 of 1990 - State v. Mahesh Chandra, pending in the court of Special Judge, Anti Corruption (E), Dehradun.

(2.) THE facts of the case, as appear from the material on record, are that the present applicant Mahesh Chandra posted as Chief Engineer, National Hydro-Electric Project Corporation, Tanakpur, district Nainital (U. P. ). Some information was allegedly received by the C. B. I, to the effect that the petitioner was a corrupt officer and he, by corrupt and illegal means or by otherwise abusing his official position as a public servant, had acquired movable assets in his own name and in the name of this family members dependent upon him disproportionate to known sources of his income. A case was registered and after investigation charge sheet was submitted by the Deputy Superintendent of Police C. B. I. New Delhi against the applicant. It was asserted that the accused had, while functioning as the Superintending Engineer and subsequently as the Chief Engineer at different places, mentioned in the charge sheet during the period from 17-4-1980 to 6-4-1987, committed the offence of criminal mis conduct as he, on 6-4-1987, was found in possession or assets which were disproportionate to his known sources of income to the tune of Rs. 2,23,021. 64. It was asserted that the accused thus committed the offence punishable under Section 5 (2) read with Section 5 (1) (e) of the Prevention of Corruption Act, 1947.

(3.) THE petitioner has filed his affidavits along with copies of documents in support of his assertions. Counter affidavit along with annexures has been filed on behalf of opposite party no. 2.