IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 381 of 2004 Shri Manoram Kumar Sharma S/o Shri Om Prakash R/o Sultanpur Dost P.S. Thakurdwara District Moradabad. …………..…Petitioner. Versus 1. State of Uttaranchal. 2. Director of C.B.C.I.D. (Crime Branch) Uttar Pradesh, Lucknow. ……….Respondents. Shri Gopal Krishan, Advocate, for the petitioner. Smt. Mamta Bisht, A.G.A. with Shri M.A. Khan, Brief Holder for State. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the charge-sheet dated 02.11.2000, relating to offences punishable under Sections 420, 467, 468, 471, 472, 473, 120B I.P.C. and one punishable under Section 13 (1) (c) (d) and Section 13 (2) of Prevention of Corruption Act, 1988, pending in the court of Civil Judge, Jr. Div./Judicial Magistrate, Kashipur. 2. Heard learned counsel for the parties and perused the affidavit and counter affidavit on record. 2 3. Brief facts of the case are that a First Information Report was lodged by Chief Cane Officer of Kisan Co-operative Sugar Mill, Nadehi, against three persons namely Dharamveer, Vinod Kumar (resident of Meerpur) and Vinod Kumar (resident of Malakpur), in respect of offences punishable under Sections 408, 420, 467, 468 I.P.C. It is complained in the First Information Report that large number of forged cane slips were found to have been fabricated in connection with payment of cane price to the farmers. After investigation, charge-sheet in question was filed not only against said three named accused, but some other accused including the present petitioner. 4. Learned counsel for the petitioner submitted that Civil Judge, Jr. Div./Judicial Magistrate, has no jurisdiction to try a case relating to offence punishable under Section 13 of Prevention of Corruption Act, 1988. It is further pleaded that the petitioner had already been discharged in the departmental enquiry. 5. Having considered submissions of learned counsel for the parties and after going through the papers on record, and keeping in mind provision contained in Section 19 (3) (c) of Prevention of Corruption Act, 1988, and after going through the papers on record, this Court thinks it just and 3 proper to dispose of this petition with the following direction: Civil Judge, Jr. Div./Judicial Magistrate, Kashipur, before whom the trial is pending, shall send the charge-sheet to the competent court, which can try the offence punishable under Section 13 of Prevention of Corruption Act, 1988 (i.e. Special Judge, Anti-Corruption, Nainital). It is further directed that if the petitioner surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. Dt:07.04.2010 Sweta (Prafulla C. Pant, J.) 4