Shri Manoram Kumar Sharma vs State of Uttaranchal and Director of C.B.C.I.D.

Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the charge-sheet dated 02.11.2000, relating to offences punishable under Sections 420, 467, 468, 471, 472, 473, 120B I.P.C. and one punishable u/s 13(1)(c)(d) and Section 13(2) of Prevention of Corruption Act, 1988, pending in the court of Civil Judge, Jr. Div./Judicial Magistrate, Kashipur.

Heard learned Counsel for the parties and perused the affidavit and counter affidavit on record.

Brief facts of the case are that a First Information Report was lodged by Chief Cane Officer of Kisan Co-operative Sugar Mill, Nadehi, against three persons namely Dharamveer, Vinod Kumar (resident of Meerpur) and Vinod Kumar (resident of Malakpur), in respect of offences punishable under Sections 408, 420, 467, 468 I.P.C. It is complained in the First Information Report that large number of forged cane slips were found to have been fabricated in connection with payment of cane price to the farmers. After investigation, charge-sheet in question was filed not only against said three named accused, but some other accused including the present petitioner.

Learned Counsel for the petitioner submitted that Civil Judge, Jr. Div./Judicial Magistrate, has no jurisdiction to try a case relating to offence punishable u/s 13 of Prevention of Corruption Act, 1988. It is further pleaded that the petitioner had already been discharged in the departmental enquiry.

Having considered submissions of learned Counsel for the parties and after going through the papers on record, and keeping in mind provision contained in Section 19(3)(c) of Prevention of Corruption Act, 1988, and after going through the papers on record, this Court thinks it just and proper to dispose of this petition with the following direction:

Civil Judge, Jr. Div./Judicial Magistrate, Kashipur, before whom the trial is pending, shall send the charge-sheet to the competent court, which can try the offence punishable u/s 13 of Prevention of Corruption Act, 1988 (i.e. Special Judge, Anti-Corruption, Nainital). It is further directed that if the petitioner surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay.