Court No. - 1
Case :- APPLICATION U/S 482 No. - 46782 of 2018 Applicant :- Babu Lal Opposite Party :- Union Of India And 2 Ors. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- A.S.G.I.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shams Uz Zaman, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of case crime no. RC 1202008A0005 under section 420 read with 120-B I.P.C. and 13 (2) read with 13 (1) D P.C. Act, police station C.B.I., S.P.F., District Ghaziabad pending before Special Judge (C.B.I.), Ghaziabad.
Learned counsel for the applicant submits that the applicant is facing two proceedings which arise out of identical allegation and and in the first proceeding which has been initiated by the complainant of the case, namely, Rajendra at district Baghpat for the offence under the Indian Penal Code, the applicant has already been granted bail by the competent court but in the present case F.I.R. of which has been lodged by the respondent no. 3-Branch Manager of the concerned Bank at district Ghaziabad offence under the Prevention of Corruption Act has also been added, hence the same is liable to be quashed.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, it is open for the applicant to apprise the Court concerned by moving appropriate application about the pendency of the proceedings on identical allegation at district Baghpat which shall pass appropriate order thereon.
For a period of three weeks from today, non-bailable warrant stated to have been issued against the applicant shall be kept in abeyance.
The application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 20.12.2018 Shiraz