Vijay Prakash Pathak, J.

Since all the aforesaid seven connected petitions arise out of the same proceedings and have been filed with almost similar prayer to quash the entire criminal proceedings of Special Case No.18/12 ( CBI Vs. N.K.Ganguly & others) in pursuance of the charge sheet dated 31.10.2012 in Case Crime No.RC-062 2010 E 0010, under Sections 120B IPC and Section 13( 2) read with 13 ( 1) ( d) of the Prevention of Corruption Act, 1988 as well as the summoning order dated 8.11.2012 passed by Special Judge, Anti Corruption CBI, Ghaziabad, these are being decided together.

Heard Sri P.P.Khurana, learned Senior Advocate assisted by Sri Santosh Kesharwani, learned counsel for the petitioner Prof.N.K.Ganguly in Application u/s 482 Cr.P.C.no.480 of 2013, Sri Satyendra Kumar Singh, learned counsel for the petitioner Dr.Bela Shah in Application u/s 482 Cr.P.C. no. 40718 of 2012, Sri Mohd. Khalid holding brief of Sri Imran Ullah, learned counsel for the petitioner Smt. Bhavani Thyagarajan in Application u/s 482 Cr.P.C.No.41006 of 2012, Sri V.P.Srivastava learned Senior Advocate assisted by Sri Nitin Gupta, learned counsel for the petitioner Suresh Chand Pabreja in Application u/s 482 Cr.P.C. No. 41142 of 2012 and for petitioners Mohinder Singh, P.D.Seth, Jatindra Singh, Ashok Kumar Srivastava and Laxman Das Puspa in Application u/s 482 Cr.P.C.No.41187 of 2012, Sri Dilip Kumar, learned counsel for the petitioner Bhudev C.Das in Application u/s 482 Cr.P.C.No. 41206 of 2012, Sri Nasiruzzaman, learned counsel for the petitioner Dr. Sujit Kumar Bhattracharya in Application u/s 482 Cr.P.C. No.921 of 2013 as well as Sri N.I.Jafri,learned counsel for CBI.

Before the facts giving rise to the present case are stated, it would be necessary to state briefly about introduction and activities of the Indian Counsel of Medical Research ( ICMR) and Institute of Cytology & Preventive Oncology ( ICPO) whose officials are alleged to be involved in the present case.

ICMR, a society registered under the Societies Registration Act, 1860 is a premier body in India dealing with formulation, coordination and promotion of biomedical research having its headquarters at Ansari Nagar, New Delhi. It is funded by the Govt. of India through the Ministry of Health and Family Welfare and has many Institutes/centres all over the country to mange its research activities in important areas of national public health. Institute of Cytology & Preventive Oncology ( ICPO) situated at 1-7, Sector 39, NOIDA ( Uttar Pradesh) is one of these institutes with the main aim of promoting research in the field of cancer. Prof. N.K.Ganguly ( applicant) was the then Director General, ICMR, Mohinder Singh( applicant) was the then Sr.DDG ( Admn.), ICMR, P.D.Seth ( applicant) was the then Financial Advisor, ICMR, B.C.Das ( applicant) was the then Director, ICPO and A.K.Srivastava ( applicant) was Executive Engineer, ICMR.

A case was got registered on 30.11.2010 under Section 120B IPC, read with 13( 2) and 13( 1) ( d) of the Prevention of Corruption Act, 1988 on the basis of written complaint of the same date received from Sri M.R.Atrey,Sub-Inspector of Police CBI, EOU, VII, New Delhi after completion of preliminary enquiry against ( 1) Prof. N.K.Ganguly, the then Director General ( since retired), ( 2) Mohinder Singh, the then Sr.Dy.Director General-Admn.( since retd.),( 3) P.D.Seth, the then Financial Advisor ( since retd.), ( 4) A.K.Srivastava, Executive Engineer, all from ICMR, New Delhi and ( 5) B.C.Das the then Director ( since retd.), ICPO,NOIDA and other unknown persons in the matter of unauthorized and illegal transfer of plot no.119, Sector 35, Noida, measuring 9712.62 sq. meters from ICPO, Noida( an institute of Indian Council of Medical Research, New Delhi) to a private group housing society namely ICPO-ICMR Cooperative Group Housing Society Ltd.Noida.

A preliminary enquiry was conducted in the matter and during enquiry it was revealed that the aforesaid officials of ICPO/ICMR a

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