Bhavesh Jain VS State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ALLAHABAD
VIKAS KUNVAR SRIVASTAV, J.
Bhavesh Jain – Appellant
Versus
State Of U.P. – Respondent
Application U/S 482 No.2235 of 2022
Decided on : 02-06-2022

Advocates:
Advocate Appeared:
For the Appellant : Satish Chandra Mishra, Neha Rashmi and Gantavya.
For the Respondent: Santosh Kumar Mishra

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 201, 204, 420, 467, 468, 471, 120-B - Information Technology Act, 2000 - Section 66 - Summoning order challenged - Allegations of conspiracy and misconduct in recruitment process not established against the applicant - Applicant’s role strictly technical as part of the organization with no influence on selection - FIR based on political rivalry, lacking specific allegations against applicant - Court quashes proceedings against applicant, ruling insufficient evidence to prove charges. (Paras 1, 38, 39)

(B) Criminal Proceedings - Exercise of discretion under Section 482 - High Court cautioned against quashing FIRs unless allegations fail to constitute an offence; inquiry into truth barred at this stage. (Paras 20, 32)

Table of Content
1. background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. allegations against the applicant (Para 9 , 10)
3. legal arguments presented (Para 11 , 12 , 14 , 15 , 16 , 17 , 19)
4. high court's jurisdiction and powers (Para 20 , 21 , 22)
5. interpretation of relevant legal provisions (Para 24 , 25 , 26 , 27 , 28 , 30 , 31 , 32 , 33)
6. outcome of the court’s analysis (Para 35 , 36 , 37)
7. final judgment and order (Para 38 , 39)

JUDGMENT :

1. The instant application moved under Section 482 Cr.P.C. is directed against the summoning order dated 9.9.2021 issued in Session Case No.752 of 2021 titled “ C.B.I. Vs. Md. Azam Khan etc ” under Sections 201 , 204, 420, 467, 468, 471, 120-B I.P.C. and Section 66 of the I.T Act, 2000 and all orders passed in furtherance whereof qua the applicant, “Bhavesh Jain” one of the accused charge sheeted in Case Crime No.2 of 2018 in Session Case No.752 of 2021 pending before the Special Court, Anti-Corruption, C.B.I. (Central), Lucknow.

2. It is stated in the application that the F.I.R. No.2 of 2018 was filed on 25.4.2018, alleging certain irregularities in recruitment of candidates to 1300 posts of the R.G.C.'s, J.E.'s, A.E.'s advertised by the U.P. Jal Nigam in the year 2016-2017. The said F.I.R. was filed against (i) Mr. Md. Azam Khan, the then Chairman, U.P. Jal Nigam; (ii) Mr. Syed Aafaak Ahmad, the then O.S.D; (iii) Mr. Prakash Singh, the then Secretary, Urban Development; (iv) Mr. P.K. Assudani, the then Managing Director, U.P. Jal Nigam Ltd; (v) Mr. Anil Kumar Khare, the then Chief Engineer, U.P. Jal Nigam; (vi) other officers of the U.P. Jal Nigam involved in the recruitment process. The allegation is, that the aforesaid accused persons conducted the selection without taking prior approval of the Board of Jal Nigam or the State Government causing a loss of Rs.37.5 Lacs to the State Exchequer and violate of rules and regulations of the Jal Nigam including the U.P. Water Supply and Sewerage Act, 1975. None of the allegations are attributable to the applicant nor he is alleged to be a beneficiary anyhow.

3. The company titled “Aptech” who was hired by the U.P. Jal Nigam under contract to organize and develop the infrastructure for conducting the Computer Based Test (C.B.T.) for short listing of the candidates, is also arraigned as accused in the F.I.R.

4. The said F.I.R. No.2 of 2018 was lodged by one Sri Ram Sevak Shukla, retired, approximately eight years back, from the post of Executive Engineer, Jal Nigam, with some ulterior motive on account of strong political rivalry and enmity between him and certain officers of U.P. Jal Nigam, who were at the helm of affairs when the selections were conducted. Pursuant to the lodging of the F.I.R. No.2 of 2018, the Special Investigation Team (S.I.T) was constituted, which investigated the case for more than one and a half years, allegedly and apparently under the influence and control of the persons on whose behest the F.I.R. was filed.

5. The applicant who is a mid-level employee of the Aptech group which was hired by U.P. Jal Nigam for the limited purpose of organizing the infrastructure for conducting the Computer Based Test (C.B.T) for the recruitment under the contract executed between U.P. Jal Nigam and Aptech. Aptech’s role was limited to facilitate the qualifying examination (C.B.T) and providing the necessary I.T. infrastructure and software solution for the same. It had no role in the actual selection of the candidates. The contracts effected the purpose of recruitment dated 17.6.2016, 28.10.2016 and 15.12.2016 respectively and the work order dated 19.5.2016 was issued theirfor.

6. The present applicant, as a matter of fact, is a Software Engineer. In the course of examination in question (C.B.T.), he was serving as Deputy Manager, Software Development. His role was confined to programming, Software and website development, which are purely technical in nature. He had no role in setting the question papers, tabulation of scores, pre