RAJNI JAIN Vs. C B I

JUDGEMENT

(1.) THE applicant was awarded a contract of hoardings for publicizing the National Rural Health Mission Scheme. The payments that led to the award of such contract to the applicant who is the proprietor of M/s Sidhi Traders has resulted in the lodging of the F.I.R. that was investigated and a charge -sheet has been submitted against the applicant summoning her for trial.

(2.) THE prayer is to quash the impugned charge -sheet as well as the summoning order being charge -sheet No. 2 of 2013 dated 28.2.2013 in the proceedings of Special Case No. 4 of 2013 under Section 120 -B, 409 and 420 I.P.C. coupled with Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 pending in the court of Special Judge, Anti Corruption, CBI, Ghaziabad.

(3.) I have heard Sri M.A. Qadeer, learned Senior Counsel alongwith Sri Ram Milan Mishra for the applicant. Sri Qadeer has invited the attention of the court to Column No. 17 of the charge -sheet to contend that the letters N.A. have been filled in against the said column to notify the Acts and Sections for which the applicant is being prosecuted. He therefore submits that in the absence of any non applicability of the provisions of the Prevention of Corruption Act, the investigation of the respondents themselves indicates absolutely no material so as to warrant prosecution of the applicant in the other sections as well. The Magistrate has therefore not applied his mind and consequently neither the applicant can be prosecuted and secondly the Special Court, CBI, will not have the jurisdiction to try the applicant for offences other than those under the Prevention of Corruption Act.