JUDGMENT

D.K. JAIN, J. - Leave granted.

2. This appeal arises from the final judgment and order dated 2nd/4th May, 2006 rendered by the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Writ Petition No.149 of 1999. By the impugned judgment, the learned Single Judge has dismissed the petition preferred by the appellant and his mother under Article 227 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973 (for short `CrPC), seeking quashing of the chargesheet and the consequential proceedings initiated against them in Special Case No.3 of 1991 pending in the court of Special Judge, Latur.

3. A few material facts, necessary for disposal of this appeal can be stated thus :

On 12th May, 1998, a First Information Report was lodged against one Sayyad Mohammad Sayyad Ibrahim and eight other persons, inter alia8 alleging that during the period from 1st October, 1980 to 22nd February, 1982, while working as District Dairy Development Officer, Government Milk Scheme, Bhanara, Sayyad Mohammad Sayyad Ibrahim had conspired with the appellant and his father and had committed mis- appropriation of huge amounts in the purchase of spare parts etc., for the plant. The case was referred to the Anti Corruption Bureau for investigation.

4. Investigations dragged on for over three years and ultimately on 22nd February, 1991, a chargesheet was filed in the court of Special Judge, Latur against twelve persons for offences punishable under Sections 120B, 409, 420, 465, 468, 471, 477 (A) 101 and 34 of the Indian Penal Code, 1860 (for short `IPC) and Sections 5(1)(c)(d) along with Section 5(c) of the Prevention of Corruption Act, 1947. In addition thereto, Sections 13(1)(c)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 have also been invoked against accused Nos.1 to 9. The first nine accused were the employees of the Government Milk Plant and the remaining three being the appellant and his father and mother, arraigned as accused Nos.11,10 and 12 respectively.

5. As per the chargesheet, the case of the prosecution, in brief is that the said Sayyad Mohammad Sayyad Ibrahim (accused No.1) and one Pashubhai Narsi Shah (accused No.10), father of the appellant, were friends since 1976. Accused No.10 had two concerns styled as India Trading Agency, Mumbai and Dairy Equipment Industries, Mumbai, in the name of his wife (accused No.12). Accused No.1, without calling for the quotations for purchase of spare parts for the Milk Plant, got prepared from accused Nos.10 and 11, bills in small amounts of Rs.10,000/- each for purchase of spare parts valued at Rs.2,03,705; got the bills processed from the staff members (accused Nos. 2 to 9) of the said Milk Dairy Unit and made payments in cash and by way of demand drafts to the present appellant. The second accusation is that for two air compressors purchased from M/s Ingersol Rand (India), Mumbai in the year 1978, spare parts of the total value of Rs.91,469/- were again purchased from the concerns of accused Nos.10 and 11 despite the fact that quotation had been received from the original supplier. No inspection and verification of the spare parts supplied by the said concerns was carried out; bills were got processed by accused No.1 from other staff members and payment was again made to accused No.11 in cash and by demand drafts. The third accusation against all the accused is that an amount of Rs.64,100/- was paid to one M/s Pankaj Chemicals, Mumbai, managed by accused No.10, the father of the appellant, for cleaning of the water softening plant supplied by M/s Ingersol Rand (India) Ltd., without actually doing any such work. The Special Judge took cognizance of the complaint and summoned all the accused.

6. Aggrieved, the appellant and his mother (A-12) filed the afore-stated writ petition. During the pendency of the writ petition, the mother of the appellant expired. Accused No.10, namely, the father of the appellant had also expired earlier.

7. Rej