1. Heard Shri Rajiv Lochan Shukla, learned counsel on behalf of the applicant, Shri Amit Mishra, on behalf of C.B.I. and learned AGA for the State.

2. This application under section 482 Cr.P.C. has been filed for quashing of the order dated 16.2.2016 passed by the Special Judicial Magistrate, C.B.I., Ghaziabad in Case Crime No. 235 of 2010 (State vs. C.B.I. Ram Shanker and others), under section 120-B read with Section 201 read with Section 420 read with Section 477-A I.P.C. and Section 65 of the Information Technology Act, 2000 and under Sections 201, 420, 477-A I.P.C. and Section 65 of the Information Technology Act, 2000 arising out of R.C. No.1(A)2008/ACU-IX, New Delhi under Sections 120-B, 420, 167, 477-A I.P.C. and Section 65 of the Information Technology Act, Police Station-C.B.I., ACU-IX, New Delhi, District-Ghaziabad.

3. In pursuance to the direction issued by the writ court in Civil Misc. Writ Petition No.48287 of 2005, Deepak Sharma vs. State of U.P. and others connected with Civil Misc. Writ Petition No.50418 of 2005, Manav Sewa Samiti and others vs. New Okhla Industrial Development Authority and others, an investigation was conducted by C.B.I. in the matter of draw of lots held by Noida on 2nd July, 2005 for its 'Residential Plot Scheme 2004(1)'. The Director, CBI was required to get the investigation done under his supervision through responsible senior officer. The report was required to be submitted to this Court within three months in that regard. The Division Bench specifically observed that the direction so issued is an step towards cleansing the public administration. It is indeed a herculean task but small steps would make great strides in the days to come.

4. In pursuance to the direction so issued by the High Court a first information report bearing FIR No. 1 of 2008 under Sections 120-B, 420, 167, 477-A I.P.C., 13 (1) (d) read with section 13(2) Prevention of Corruption Act, 1988 and section 65 Information Technology Act, 2000 was registered on 7.1.2008 that is after three years of the direction by the writ court. After investigation, a chargesheet was submitted under section 173 Cr.P.C. in the month of March, 2010 against two persons namely Ram Shanker Singh (the applicant) and Alok Singh Chauhan under Section 120B read with Sections 420, 201, 477-A I.P.C. and Section 65 of the Information Technology Act, 2000.

5. The Court took the cognizance of the police report submitted and accordingly summoned the accused Ram Shanker Singh and Alok Singh Chauhan. From the records we find that the accused instead of responding to the summoning orders, avoided the compliance thereof. As a result whereof on 28.7.2010/3.9.2010 bailable warrants were issued.

6. Against the order taking cognizance and the order issuing bailable warrants, accused Ram Shanker Singh and Alok Singh Chauhan filed Criminal Revision No.3527 of 2010 and Criminal Revision No.3765 of 2010 before High Court. These two criminal revisions were heard by the Division Bench of this Court and were dismissed by means of a detailed order dated 8.7.2011.

7. According to the petitioner, they thereafter surrendered and have been granted bail. The applicant as well as Shri Alok Singh Chauhan, made applications for discharge under section 239 Cr.P.C., which application has been rejected vide order dated 16.2.2016, and 26.2.2016 was fixed as the date for framing of charge. The charges were framed under an order dated 24.8.2016.

8. It is at this stage that the revisionist Ram Shanker Singh has filed this application under section 482 Cr.P.C. for quashing of the charges, leveled against the petitioner, as well as the order dated 16.2.2016 whereby the discharge application was rejected. It has further been prayed that the proceeding of Case No.235 of 2010 may be quashed.

9. In paragraph 28 of the present application it has been stated that the other co-accused A.S. Chauhan has preferred Criminal Revision No.822 of 2016. What is the status of the said Criminal Re