The court dismissed a criminal petition filed under Section 482 Cr.P.C. seeking quashment of offenses under IPC sections involving fraud and alleged corruption in rate contract supplies to government hospitals, holding that prima facie ingredients of offenses exist.
Motion for quashing of criminal proceedings was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.8697 OF 2008
Date:10.11.2011
BETWEEEN:
Boddapati Vijay Kumar
… Petitioner/Accused
AND
State of A.P., rep.by its Special Public Prosecutor for Anti Corruption Bureau, High Court of A.P., Hyderabad.
… Respondent
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.8697 OF 2008
ORDER:
The petitioner/A.11 is accused of offences punishable under Sections 120(B), 420, 468, 471/109 I.P.C. along with other accused who are officials and unofficials. Since the petitioner is a non official, there are no allegations against him touching the offence under Section 13(1)(d)/13(2) of the Prevention of Corruption Act.
2. The case relates to alleged fraud in rate contract supplies of material to Government Hospitals/PHCs. It is alleged that A.11 in collusion with other officials made supplies to the Government
causing loss to the exchequer. A.11 is stated to be a non-existing rate contract firm. A.11 is alleged to have supplied I.V. Sets by in turn purchasing the same from another firm at a low price of Rs.2/per set. Even though the procuring price was Rs.2/- per set, it was stated to have been supplied to the Government at Rs.4.15 ps. per set styling itself as a manufacturing unit indulging in rate contract business. There are several such similar allegations against the petitioner/A.11. The allegations deserve to be tried by the Special Court; and there are no legal grounds for quashing the same in exercise of power under Section 482 Cr.P.C. It cannot be said that there are no ingredients of offences which were alleged against the petitioner/A.11.
3. In the result, the Criminal Petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU, J
Dated: 10.11.2011 AMD
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.8697 OF 2008
DATED: 10.11.2011
AMD
3 issues framed by the court
Whether the Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of proceedings against an accused of charge of corruption and fraud deserves to be allowed.
Whether there exist legal grounds for quashing proceedings in view of alleged ingredients of offences against State.
Whether fraud in rate contract supplies to Government Hospitals amounts to an offence requiring trial by Special Court.
1 provisions across 1 enactments
Boddapati Vijay Kumar
State of A.P.
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
