Court No. - 71
Case :- APPLICATION U/S 482 No. - 3829 of 2019 Applicant :- Atul Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajrshi Gupta,Abhishek Tripathi,Dileep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Dilip Kumar, learned counsel appearing for the applicant, assisted by Sri Rajrshi Gupta & Sri Abhishek Tripathi, Advocates and learned AGA appearing on behalf of opposite party nos.1 and 2.
Present application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 18.09.2018 being charge-sheet no.291 of 2018 as well as entire proceedings in Criminal Case No.160 of 2018 arising out of Case Crime No.0421 of 2018, under Sections 420 467, 468, 471, 120B and Section 13 of the Prevention of Corruption Act, Police Station Kasna, District Gautam Budh Nagar, pending the Court of Special Judge, Court no.2, Anti Corruption, Meerut.
It has been submitted that charge-sheet submitted by the Investigating Officer is illegal since the applicant did not commit any illegality or any offence in discharging his due duties. The compensation for acquired land was paid by him as per the circle rate of the State Government. The investigation is still going on. In the meantime charge- sheet has been submitted in haste without awaiting for final out-come of the investigation. It has been submitted that non bailable warrant has been issued against the applicant directly in violation of law.
This application is disposed of granting liberty to the applicant to move discharge application through counsel before the court below within a period of one month. The court below shall consider all the grounds raised in the discharge application and decide the same within a period of three months thereafter.
Till the discharge application is decided, no coercive action shall be taken against the applicant only.
Order Date :- 29.1.2019 SS