The court emphasized that defendants, as private vendors, posed no criminal liability under public servant provisions unless concrete evidence proves involvement in a conspiracy or corrupt practices.

Sanjay Kumar Singh, J.

INDEX

1- This application under Section 482 of the Code of Criminal Procedure (hereinafter referred as Cr.P.C.) has been filed by the applicants Ajay Mishra and M/s. Infolink Consultancy Service Pvt. Ltd. Lucknow through its Director, Ajay Mishra for quashing of the impugned order dated 02.03.2024 passed by the Court of Special Judge CBI, Ghaziabad in Special Case No. 05 of 2017, arising out of Case Crime No. RC/DST/2014/A/0014 New Delhi under sections 120-B, 420 and 471 IPC & section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988, police station CBI/STF, New Delhi, whereby discharge application bearing No. 251 Kha under Section 239 Cr.P.C dated 02.03.2024 of the applicants has been rejected as well as the order dated 29.04.2024 whereby charges have been framed against the applicants.

2- Heard Mr. Tanveer Ahmad Mir, learned Senior Advocate assisted by Mr. Ram M. Kaushik, learned counsel for the applicants, Mr. Rahul Srivastava, learned counsel appearing on behalf of the Central Bureau of Investigation/opposite party at length and perused the record.

Factual matrix of the case

3- Brief facts of the case, which are required to be stated are that on the basis of preliminary enquiry in pursuance of the order of this Court dated 15.11.2011 passed in Writ Petitions No. 3611 (MB) of 2011 (PIL), 3301 (MB) of 2011 (PIL) and 2647 (MB) of 2011 (PIL), First Information Report being RC/DST/2014/A/0014 dated 11.06.2014 was registered at police station CBI/STF, New Delhi against Shri D.N. Srivastava, the then Managing Director, Uttar Pradesh Electronics Corporation Ltd., (UPLC), Shri Ajay Mishra, Director, M/s. Infolink Consultancy Service Pvt. Ltd. Lucknow and other unknown officials of Uttar Pradesh Electronics Corporation, Ltd Lucknow (UPLC) for the commission of offences punishable under sections 120-B IPC r/w 420 IPC & section 13 (2) r/w 13 (1) (d) of PC Act, 1988 mainly on the allegations that they entered into a criminal conspiracy during the year 2009-10 with intention to cause pecuniary loss to the Government exchequer in the matter of implementation of HMIS, thereby they caused wrongful loss to the tune of Rs.2.4 crores.

Contents of First Information Report

4- In the F.I.R. it is alleged inter-alia that:-

4.1- The Executive Committee of NRHM in its meeting held on 06.07.2009 under the Chairmanship of the then Principal Secretary, Health, UP decided to implement Hospital Management Information System (hereinafter referred as HMIS) by covering the computerization of the hospitals in 15 districts of U.P. by getting the work done through NIC or other PSUs which were to be short listed. The cost approved for the Project Implementation Plan (PIP) in 2009 was Rs.5.25 crores.

4.2- On 31.08.2009, Mr. Sanket Verma, GM (MIS), SPMU, NRHM, in compliance of the above decision dated 06.07.2009 of the Executive Committee of NRHM, short listed 5 PSUs including UP Electronic Corporation (hereinafter referred as UPLC) and also mentioned that UPLC had submitted a proposal on 19.08.2009 for the work of HMIS in UP and finally under NRHM, U.P. Electronics Corporation Limited (UPLC), was engaged to implement this project.

4.3- On 17.08.2009, M/s U.P. Electronics Corporation Limited (UPLC) received a proposal from Shri Ajay Mishra, partner M/s Large Info Solution, Lucknow proposing for installation of HMIS at different district hospitals based on the project already running in district hospital Bahraich, which was done by NIC in the year 2006. The computer hardware configuration and software used in Bahraich hospital were different from the configuration given in the proposal by M/s Large Info Solution.

4.4- Shri D.