Court No. - 1
Case :- APPLICATION U/S 482 No. - 21720 of 2019 Applicant :- Chhote Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yashwant Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Yashwant Singh, learned counsel for the applicant and Sri Amrit Raj Chaurasia learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Case Crime No.16 of 2006, under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C.
and 13(2) Prevention of Corruption Act, Police Station Kotwali Nagar, District Etawah and also to quash the impugned order dated 8.1.2019.
Learned counsel for the applicant submitted that the applicant was posted in District Etah as Samaj Kalyan Adhikari at the relevant point of time and has retired from the service on 31.1.2014 and is aged about 67 years and the sanction which has been granted by the Competent Authority on 08.01.2019 suffers from infirmity, hence the same be quashed.
Learned A.G.A. opposed the prayer for quashing and submitted that the case is of the year 2006, though the petitioner has retired and the present sanction has been granted by the Competent Authority on 08.01.2019, the trial is still pending and he has not got himself bailed out. To which, learned counsel for the applicant states that the applicant is ready to appear before the trial court provided some interim protection may be given to him.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court.Hence, prayer for quashing the entire proceeding of the aforesaid case as well as impugned order is hereby refused.
However, taking into account the fact that since the applicant has retired from his service, it is directed that if the applicant appears and surrenders before the trial court within four weeks from today and applies for bail, the same shall be considered and decided in accordance with law considering the fact of his age and retirement from service.
For a period of four weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid observations, the application is disposed of.
Order Date :- 31.5.2019 Rohit