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2022 Supreme(UK) 47

ALOK KUMAR VERMA
Mirtunjay Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Karan Anand.
For the Respondent: Mr. P.S. Uniyal, learned Brief Holder.

JUDGMENT :

Alok Kumar Verma, J.

The applicant-accused Dr. Mirtunjay Kumar invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), to quash the charge-sheet dated 28.02.2019, summoning order dated 02.03.2019, and the entire proceedings of the Special Sessions Trial No.01 of 2019, “State vs. Mirtunjay Kumar Mishra” pending before the learned Special Judge, (Vigilance), Dehradun, arising out of the Case Crime No.09 of 2018, under Sections 120B, 420, 467, 468, 471 of the IPC and Section 13(1)(a) (c) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, “the Act”, 1988).

2. Facts, to the limited extent necessary, are that the applicant was holding the post of Registrar of the Uttarakhand Ayurvedic University, Dehradun (in short, “the university”). The then Vice-Chancellor of the university, by his letter dated 14.06.2018, addressed to the Chief Minister, along with preliminary enquiry report, recommended for conducting enquiry against the present applicant in relation to allegations of financial irregularities, committed by the applicant during his tenure to the post of Reg

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