The CBI, on the other hand, contended the petitioner’s role surfaced during the course of investigation and chargesheet was filed against the accused, including the petitioner, on completion of investigation.
The CBI pleaded that cognisance had been taken by the court, which was not challenged by the petitioner. She filed the petition for quashing the FIR though it was registered in 2005.
The case was fixed for framing of charge and application for discharge had not been filed. Moreover, sanction for prosecution had been obtained from the competent authority before filing the chargesheet under the Prevention of Corruption Act.
Taking up the matter, Justice Chaudhary asserted: “I find that it is not a fit case where the investigation and the proceedings should be quashed…. It is not a case where the complaint does not disclose any offence.
“There are no allegations of mala fides. The court does not function as a court of appeal or revision, nor it is a case where the continuation of the proceedings would be an abuse of process of court. No ground for quashing is made out. The petition is dismissed. However, this order shall not be construed as if any opinion has been expressed on the merits of the case.”