ANIL KUMAR SHUKLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Shri Nandit Kumar Srivastava, learned counsel for the applicant and Shri S.B. Pandey, learned A.S.G.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing entire prosecution of the applicant in the Special Case No.08 of 2018 arising out of Crime No.RC0062016A0018, Police Station C.B.I./A.C.B., Lucknow.

(3.) Learned counsel for the applicant submitted that the FIR with the Crime No.RC0062016A0018 was registered at C.B.I./A.C.B. Lucknow, under Section 120B r/w Section 420, 468, 471 I.P.C. and Section 13/2 r/w Section 13 (1) (d) of Prevention of Corruption Act, 1988 against Dr. A.K. Shukla, the then C.M.O., Raebareli (applicant), Dr. P.K. Mishra, the then Superintendent and Incharge, District Hospital, Raebarli, Dr. S.K. Chak, the then Deputy C.M.O. Rabeareli, Dr. P.K Singh, then the SMO Stores, Raebareli and Mr. Ramesh Arora, Proprietor M/S. Kwality Pharmaceuticals Pvt. Ltd. Amritsar and Mr. Ajay Kumar, Proprietor M/S Ocean Organic Pvt. Ltd. Amritsar and other unknown persons. In the FIR, it is alleged that the accused persons in conspiracy with other unknown persons have caused wrongful loss to the tune of Rs.17,42,530/- to the Government Exchequer by alleged misappropriation of funds in the purchase of Copper-T, Follow Up Medicine Kits and Nasbandi Follow Up Medicine Kits, during the period of 2007-8, under the National Rural Health Mission. Learned counsel for the applicant further submitted that investigation was conducted and the charge-sheet was filed by the Investigating Officer and the learned Special Judge, C.B.I. Ghaizabad had taken cognizance and directed the applicant to appear for purposes of answering the charges.