AJAY MISHRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (hereinafter referred as Cr.P.C.) has been filed by the applicants Ajay Mishra and M/s. Infolink Consultancy Service Pvt. Ltd. Lucknow through its Director, Ajay Mishra for quashing of the impugned order dtd. 2/3/2024 passed by the Court of Special Judge CBI, Ghaziabad in Special Case No. 05 of 2017, arising out of Case Crime No. RC/DST/2014/A/0014 New Delhi under Sec. 120-B, 420 and 471 IPC & Sec. 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988, police station CBI/STF, New Delhi, whereby discharge application bearing No. 251 Kha under Sec. 239 Cr.P.C dtd. 2/3/2024 of the applicants has been rejected as well as the order dtd. 29/4/2024 whereby charges have been framed against the applicants.

(2.) Heard Mr. Tanveer Ahmad Mir, learned Senior Advocate assisted by Mr. Ram M. Kaushik, learned counsel for the applicants, Mr. Rahul Srivastava, learned counsel appearing on behalf of the Central Bureau of Investigation/opposite party at length and perused the record.

(3.) Brief facts of the case, which are required to be stated are that on the basis of preliminary enquiry in pursuance of the order of this Court dtd. 15/11/2011 passed in Writ Petitions No. 3611 (MB) of 2011 (PIL), 3301 (MB) of 2011 (PIL) and 2647 (MB) of 2011 (PIL), First Information Report being RC/DST/2014/A/0014 dtd. 11/6/2014 was registered at police station CBI/STF, New Delhi against Shri D.N. Srivastava, the then Managing Director, Uttar Pradesh Electronics Corporation Ltd., (UPLC), Shri Ajay Mishra, Director, M/s. Infolink Consultancy Service Pvt. Ltd. Lucknow and other unknown officials of Uttar Pradesh Electronics Corporation, Ltd Lucknow (UPLC) for the commission of offences punishable under Sec. 120-B IPC r/w 420 IPC & sec. 13 (2) r/w 13 (1) (d) of PC Act, 1988 mainly on the allegations that they entered into a criminal conspiracy during the year 2009-10 with intention to cause pecuniary loss to the Government exchequer in the matter of implementation of HMIS, thereby they caused wrongful loss to the tune of Rs.2.4 crores.