S.P.RAM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The above noted applications under Section 482, Cr.P.C. have been filed for quashing the impugned orders of the Special Judge, Anti-Corruption Court, C.B.I.. Ghaziabad (U.P.) passed by him in two cases relating to Sections 120B r/w 420/467/468/471/409. I.P.C., and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (P.C. Act). The application under Section 482, Cr.P.C. No. 13808 of 2013 has been filed by the applicant-Dr. S.P. Ram for quashing the order dated 17.4.2013 passed by the Special Judge in Special Case No. 3 of 2012 relating to F.I.R. No. R.C. 2 (A)/2012-C.B.I,/S.C, II. P.S. C.B.I./S.C. II. New Delhi. The application under Section 482 No. 15862 of 2013 has been filed by Saurabh Jain for quashing the order dated 16.5.2013 and the application under Section 482. Cr.P.C. No. 19435 of 2013 has been filed by M.M. Tripathi for quashing the order dated 16.5.2013. Both these orders were passed by Special Judge in Case No. 4 of 2013 relating to P.S.C.B.I.-E.O.U. IV, New Delhi. By the impugned orders, the learned lower court rejected the applications moved by them for summoning the non charge-sheeted persons. The above criminal applications under Section 482, Cr.P.C. are connected with each others and common question of law and facts are involved in these applications. So they are being decided by a common judgment.

(2.) The factual matrix of this case, in brief, is as such that in P.I.L. No. 3611 (M.B.) of 2011, Sachidanand v. State of Uttar Pradesh relating to implementation of Scheme of National Rural Health Mission an order dated 15.11.2011 was passed by the Division Bench of Lucknow Bench of this Hon'ble Court directing the Central Bureau of Investigation to make preliminary enquiry in the matter of execution and implementation of National Rural Health Mission (N.R.H.M.) Scheme and utilization of funds at various levels during such implementation in the entire State of Uttar Pradesh. The C.B.I. was further directed to register the regular case in respect of persons against whom prima facie cognizable offence is made out and to proceed in accordance with law after making a preliminary enquiry. In pursuance of the aforesaid directions of the Court. five separate preliminary enquiries were registered on 19.11.2011 and on the basis of the enquiries, the C.B.I. registered a regular case No. R.C. 2 (A)/2012-C.B.I./S.C. II against Dr. S.P. Ram and others, under Section 13(2) r/w 13(1)(d) of P.C. Act and under Section 120B, r/w 420 and 409, I.P.C. in P.S.C.B.I.. SC-II, New Delhi and another case No. RC 220-2012-E-0003/C.BJ. E.O.U.-IV/New Delhi was also registered under the aforesaid offences. After investigation, charge-sheets were filed against the accused persons including the accused who are the applicants here in this proceeding under Section 482, Cr.P.C. The court of Special Judge, Anti-Corruption, (C.B.I.), Ghaziabad took cognizance of the aforesaid offences and passed the order regarding the issuance of process against the charge-sheeted accused persons.

(3.) The case of the applicants, in brief, is this that the opposite parties are the witnesses of the charge-sheets and their statements recorded under . disclose prima facie evidence against themselves which show their complicity in the offences the cognizance of which has already been taken by the Court of Special Judge, Anti-Corruption Court, C.B.I., Ghaziabad but they were not arraigned as accused by the C.B.I. in the charge-sheets. The C.B.I. has adopted a policy of pick and choose and on the same evidence out of them, some persons have been made accused and some persons have been made witnesses arbitrarily. In this regard, the applicants namely Dr. S.P. Ram. Saurabh Jain and M. M. Tripathi moved applications under Section 204, Cr.P.C. in the Court of Special Judge, Anti-Corruption, C.B.I. for summoning the opposite parties as additional accused in the case but their applications were wrongly rejected.