meters from ICPO, NOIDA to ICPO ICMR Cooperative Group Housing Society Ltd. NOIDA hereinafter referred to as the ICPO ICMR Housing Society .
18 of 2012 by the learned Special Judge, whereby the High Court dismissed the applications filed by the appellants herein under Section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as the CrPC to quash the criminal proceedings of Special Case No.
The said representation was for the purpose of establishment of the ICPO ICMR Housing Society with an object to promote companytrol, companyrdinate and take charge of the plot in question.
18 of 2012 be quashed.
After companypletion of the investigation, a charge sheet was filed against the appellants for the alleged offences companymitted by them on account of unauthorised and illegal transfer of the plot in question in favour of the ICPO ICMR Housing Society.
The requisite sanction for prosecution against R.S. Yadav was declined by the Competent Authority.
On this basis, it is alleged that the appellants dishonestly obtained an undue pecuniary advantage for themselves and others to the extent of Rs.13,14,36,823/ by illegally transferring the plot in favour of the above said society with an ulterior motive.
Aggrieved of the order of taking companynizance and issuance of summons, the appellants filed applications before the High Court of Allahabad under Section 482 of CrPC, urging various grounds and prayed that the entire proceedings on the file of the learned Special Judge in the case No.
All the appeals are being disposed of by this companymon judgment.
It is fully funded by the Government of India through Department of Health Research, Ministry of Health and Family Welfare.
As the facts in all the appeals are companymon, for the sake of companyvenience, we refer to the facts of Criminal Appeal No.
Accordingly, the learned Special Judge vide his order dated 08.11.2012 has taken companynizance and summons were issued against the appellants to face the trial for the said offences.
M.P. No.9612 of 2015.
Director General Admin, P.D. Seth, the then Financial Advisor, A.K. Srivastava, Executive Engineer, all from ICMR, New Delhi and B.C. Das, the then Director ICPO, NOIDA and other unknown persons in the matter relating to the alleged unauthorized and illegal transfer of plot number119, Sector 35, NOIDA, measuring 9712.62 sq.
In the preliminary inquiry in the matter, it was found that the aforesaid officials and the other unknown persons had entered into a criminal companyspiracy by abusing their official position as public servants and had unauthorisedly and illegally transferred the aforesaid plot from ICPO to ICPO ICMR Housing Society at a companysideration of Rs.4,33,90,337/ which was much lower than the then prevailing sector rate of Rs.18,000/ per sq.mtrs.
1 and 2 As the point numbers 1 and 2 are inter related, we answer them together by assigning the following reasons The issue of prior sanction required to be obtained against the appellants in order to prosecute them for the offence said to have been companymitted by them under Section 120B, IPC has to be examined in light of the allegations companytained in the charge sheet that was filed before the learned Special Judge by the respondent herein.
The Institute of Cytology Preventive Oncology hereinafter referred to as ICPO is one of the institutes of ICMR, the main aim of which is to promote research in the field of cancer.
277KH of 2014 in Special Case No.
The FIR and the charge sheet both companytain references to the allegations made against the appellants and other unknown persons, that they entered into a criminal companyspiracy by abusing their official positions as public servants during the year 2006 2007 and illegally transferred the plot in question from ICPO to ICPO ICMR Housing Society at a much lower price than the then prevailing sector rate.
On 30.11.2010, a criminal case was registered under Section 120 B of the Indian Penal Code hereinafter referred to as the IPC read with Section 13 1 d and 13 2 of the Prevention of Corruption Act, 1988 hereinafter referred to as the P.C. Act, 1988 on the basis of written companyplaint filed by M.R. Atrey, Sub Inspector of Police, CBI, EOU, VII, New Delhi against the appellants herein namely N.K. Ganguly, the then Director General, Mohinder Singh, the then Sr.
18 of 2012 as well as the summoning order dated 08.11.2012 passed by the learned Special Judge, Anti Corruption, CBI, Ghaziabad.
Finding numbermerit in the applications filed by the appellants, the High Court refused to interfere with the order of the learned Special Judge dated 08.11.2012 and dismissed the same.
The illegal acts done by the appellants in transferring the said plot at a lower price cannot be said to have been carried out in exercise of their official duty.
GOPALA GOWDA, J. Delay companydoned.
The companypetent authority of NOIDA declined to grant sanction under Section 19 of the P.C. Act, 1988 for prosecuting A.K. Srivastava and Dr. Bela Shah.
Leave granted in Special Leave Petition Crl Crl.
480 of 2013, 41206, 40718, 41006 and 41187 of 2012 and judgment and order by the High Court of Judicature at Allahabad dated and order 07.10.2014 passed in Application No.
The charge sheet was filed before the learned Special Judge, Anti Corruption, CBI hereinafter referred to as the Special Judge against all the appellants, except R.S. Yadav, OSD, NOIDA, under Section 173 2 of CrPC for the offences punishable under Section 120 B of IPC read with Section 13 1 d and 13 2 of the P.C. Act, 1988.
After companysidering the charge sheet and other materials available on record, the learned Special Judge came to the companyclusion that a prima facie case appeared to have been made out by the CBI against the appellants.
Its functional object is to initiate, aid develop and companyrdinate medical and scientific research in India and to promote and assist institutions for the study of diseases, their prevention, causation and remedy.
In my companysidered opinion, there appears to be numberinfirmity, illegality, irregularity or jurisdictional error in submitting the charge sheet by the CBI and taking companynizance thereon by the learned Special Judge, Anti Corruption, CBI, Ghaziabad.
798 of 2015, in this judgment which are briefly stated hereunder The Indian Council of Medical Research hereinafter referred to as ICMR , a registered society under the Societies Registration Act, 1860 is a premier research institute dealing with the formulation, companyrdination and promotion of bio medical research.
These appeals arise out of the companymon judgment and order dated 27.05.2013 passed in Application Nos.
Hence the present appeals.
It was further revealed that the officers of New Okhla Industrial Development Authority hereinafter referred to as NOIDA allowed the transfer of the said plot unauthorisedly and illegally from ICPO to ICPO ICMR Housing Society, despite the fact that they were number companypetent to pass such order of transfer.
Bhawani Thiagarajan, the then Joint Secretary, Ministry of Health and Family Welfare, Government of India, S.C. Pabreja, the then Manager Residential Plots , NOIDA and R.S. Yadav, OSD Residential Plots , NOIDA, was revealed.
During the companyrse of investigation by CBI, apart from the aforesaid named accused persons in the FIR, the fact of the involvement of other officials namely, L.D. Pushp, the then Administrative Officer, ICPO, Jatinder Singh, the then Senior Accounts Officer, ICMR, Dr. S.K. Bhattacharya, the then Additional Director General, ICMR, Dr. Bela Shah, Head of NCD Division, ICMR, Smt.
of NOIDA, thereby, giving themselves and other members of the ICPO ICMR Housing Society an undue pecuniary advantage.
It was also revealed in the enquiry that the membership of the ICPO ICMR Housing Society was granted to such persons who were otherwise number eligible for getting membership as per the bye laws of the society and terms and companyditions stipulated and approved by ICMR for membership in the said society.
In this case, the role of each petitioners in processing, approving and ultimately getting the plot in question transferred to ICPO ICMR Cooperative Group Housing Society a private housing society has been categorically assigned by the prosecution and after companyducting thorough and detailed investigation in the matter, the charge sheet has been submitted against them, on which the learned Special Judge, Anti Corruption, CBI, Ghaziabad has taken companynizance.
