MAHESH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been filed under S. 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 was 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 and immovable assets in his own name and in the name of his family members dependent upon him disproportionate to known source 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 misconduct as he, on 6-4-1987, was found in possession of assets which were disproportionate to his known sources of income to the tune of Rs. 2,23,021,64 p. It was asserted that the accused thus committed the offence punishable under S. 5(2) read with S. 5(1) (e) of the Prevention of Corruption Act, 1947.

(3.) The learned Special Judge, Anti-Corruption U.P. (East), Dehradun framed charge on 17-1-1992 against the accused in respect of the above offence.