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2017 (8) TMI 1691 - HC - Indian LawsCriminal conspiracy - fund was allotted in the National Rural Health Mission ( NRHM) and was financed by the Government of India. It is alleged that more amount was spent than the allocated budget - medicines and equipments have been purchased at exorbitant rate and in excess without ascertaining the requirement by procuring false documents - sections 120B, 420, 467, 468 and 471 of the Indian Penal Code and Section 13(i)(c)13(i) (d) read with Section 13 (2) of the Prevention of Corruption Act. HELD THAT:- The grounds taken by the petitioner in his application under section 205 Cr.P.C. seems to be contradictory since on the one hand he claims to be travelling widely and on the other hand he seems to be a person suffering from large number of ailments. It is true that criminal proceedings were quashed by this Court on 5.4.2013 but the position was restored when the Hon’ble Supreme Court had set aside the order passed by this Court on 29.9.2015. For the period 5.4.2013 to 29.9.2015, it cannot be said that the petitioner had a hand in delaying the case or for not appearing as during that period there was no criminal case in existence so far as petitioner is concerned. Principles governing an application under section 205 Cr.P.C. have not been appreciated by the learned court below and the discretion which has to be judiciously exercised also does not find place in the impugned order dated 6.9.2016. The petitioner apart from being a busy executive has also taken the ground of serious ailments but the learned court below has merely recorded the submissions of the petitioner without giving any finding with respect to the same which would be necessary to show that the learned court below has exercised its jurisdiction in a judicious, legal and proper manner. The matter is remanded back to the learned court below to pass a fresh order in accordance with law after hearing the respective parties - Application allowed.
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