Court No. - 71
Case :- APPLICATION U/S 482 No. - 6880 of 2019 Applicant :- Chandra Bhan Uttam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harindra Prasad,Mr. Kamal Krishna, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Criminal Case No. 1977 of 2019, under Sections- 409, 420, 467, 468, 471, 120-B IPC and 13 (2) Prevention of Corruption Act, Police Station- SIT U.P. Lucknow, District- Lucknow, pending in the court of Special Judge, Anti Corruption C.B.I. (Central), Lucknow.
Submission is that the applicant was posted as District Food and Marketing Officer, Basti, in the office of Department of Food Civil Supply, Basti, from 15.10.2004 to 14.10.2005. The allegation against the applicant is that in the audit report, it has been found that on 09.9.2005, Truck No. UPQ No. 1231 was deployed for transporting 300 gunny bags of wheat stock, its entry was not made. Similarly on 21.12.2005 by Vehicle No. UPQ No. 1231 TD No. 1361 with gunny bags of stock was shown to be transported. The price of wheat stock was embezzled. It has been submitted that on 9.9.2005, the applicant was employed, but on 21.12.2005 he was transferred from Basti to Lakhimpur Khiri. From the information supplied by the department under Right to Information Act, the vehicle No. UPQ 1231 was not used from 01.09.2005 to 09.9.2005 for transportation of wheat. It has been submitted that the allegation against the applicant is that he was involved in the fraudulent transport of wheat on 09.09.2005 is belied from the information supplied by Department under Right to Information Act, dated 27.12.2018 and therefore, no offence against the applicant is made out.
Without entering into merits of the case, it is open for the applicant to file discharge application through counsel before the trial Court within one month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order. Applicant shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring his presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against him.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of.
Order Date :- 21.2.2019 Ruchi Agrahari