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TMI Blog2012 (4) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... t had no territorial jurisdiction to entertain the anticipatory bail application. According to the learned counsel for the Petitioner, the Court at Delhi only has jurisdiction to try the offence and thus the learned Special Judge erred in rejecting the anticipatory bail application for want of territorial jurisdiction. The FIR by CBI has been registered at Delhi. The Petitioner has been asked to produce documents at Delhi and the treasury from which the money has been embezzled is also at Delhi. Hence, even though the copy of the FIR has been filed by the CBI and the accused are produced for remand before the learned Special Judge, Gaziabad, the only Court which is competent to try the matter is the Court of learned Special Judge, CBI at De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allocated for civil construction and upgradation of various hospitals in Uttar Pradesh under NRHM Scheme during the period 2005-2006 till date. NRHM was launched by Government of India on 12th April, 2005 with a view to provide accessible, adequate, affordable, accountable and reliable health care to all persons particularly the vulnerable sections of society residing in remote areas and in this regard a MOU was entered into between the Government of India and the Govt. of Uttar Pradesh on 22nd November, 2006 which governs the implementation of the Mission in the State. The Mission Directorate (NRHM) Uttar Pradesh received huge funds running into crores of rupees from Ministry of Health and Family Welfare (MOHFW) Govt. of India during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgicoin Mediquip Pvt. Ltd., Gaziabad to the officials of C DS Gaziabad and the rates of items in terms of other firms were collected in such a way that M/s. Surgicoin may get the tender for supply of abovementioned items. Subsequently the work relating to upgradation work was allotted to M/s. Surgicoin Mediquip Pvt. Ltd., Gaziabad for 114 hospitals and M/s. Modern Interiors, Lucknow for 20 hospitals. These firms supplied the items at exorbitant rates to the extent of 5 times more than the existing market rates, thus causing wrongful loss to the extent of Rs. 5.36 crores to the Government exchequer. It is thus alleged that the accused along with unknown persons committed offence under Section 120-B IPC read with 420/467/468/471 IPC and secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if he,- (i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest. 35. We have no doubt in our mind that the hub of the act envisaged in first of those two offences is dishonestly or fraudulently misappropriates . Similarly the hinge of the act envisaged in the second section is obtains for himself or for any other person, any valuable thing or pecuniary advantage by corrupt or illegal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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