DR. RAM BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satish Trivedi, learned counsel for the applicant assisted by Sheshadri Trivedi, learned counsel for the applicant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

(2.) This application u/s 482 Cr.P.C. has been moved seeking quashing of the order dated 20.7.2013, whereby the court below has taken cognizance on the charge sheet dated 16.7.2013 and the order dated 13.1.2017, whereby the court below has rejected the discharge application and framed the charges against the applicant and the order dated 18.7.2017, whereby the court below rejected the application 51 Kha of the applicant in which prayer was made that the proceedings against the applicant were barred by Section 197 Cr.P.C. Besides that entire proceedings of the Criminal Case No. 07 of 2013 (State vs. Dr. Ram Babu) arising out of Case Crime No. 1492 of 2010, under Section 109, 420, 201, 120B, 417, 467, 468 and 477A of the IPC and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, P.S. Sihani Gate, District Ghaziabad have been prayed to be quashed.

(3.) According to the FIR, the prosecution's case is that in 1987-1988 one Md. Anees, the then Senior Clerk of Chief Medical Officer, Ghaziabad had connived with S.N. Bahadur, the then Drawing and Disbursement Officer and had got stationary purchased for the office of the Chief Medical Officer and C.H.C./P.H.C., Ghaziabad from a firm, namely M/s Capital Cooperative Printers and Awam Publications Society Ltd., showing it to be registered with the Registrar Cooperative Societies and thereafter had prepared forged vouchers of Rs. 5,600/- instead of the approved amount of Rs. 4,800/- and thereby caused wrongful loss of Rs. 800/- to the Government and corresponding wrongful gain to themselves. Further it is alleged in the said FIR that during the period 1996-1997, the applicant who was the then Chief Medical Officer, Ghaziabad, Dr. R.P. Singh, the then Drawing and Disbursement Officer and Md. Anees, the then Senior Clerk in connivance and collusion with each other purchased stationary of Rs. 1, 63,941/- from M/s Capital Industrial Cooperative Limited, Raza Market Kashmiri Mohalla Lukcnow, showing the said firm registered with the Registrar Cooperative Societies without following the procedure of inviting tenders. Apart from the aforesaid, several other allegations were made which pertained to the period between 1992-2001, against Dr. V.K. Sharma, the then Procurement and Disbursement Officer, Md. Anees, Bhajan Lal, the then Senior Assistant in Cashier Office. Dr. Vinod Kumar was C.M.O. at that time, however, no allegations were levelled against the applicant with regard to the alleged transactions of purchase of medicines, rather the allegations against him were confined only to the purchase of stationary costing Rs. 1,63,941/- from a firm which is said to be not registered.