Court No. - 71
Case :- APPLICATION U/S 482 No. - 7468 of 2019 Applicant :- Dhirendra Singh Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh,Ajay Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
Present application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 18.09.2018 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 I.P.c. and Section 13 (1) (C), 13(1) (D) and 13 (2) of the Prevention of Corruption Act, Police Station Kasna, District Gautam Budh Nagar, pending the Court of Additional District & Sessions Judge/ Special Judge, Court no.2, Prevention of Corruption Act, Meerut as well as cognizance order dated 20.9.2018.
It has been submitted that charge-sheet submitted by the Investigating Officer is illegal since the applicant did not committed any illegality or any offence in discharging his due duties. Applicant is a bonafide purchaser. 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 :- 26.2.2019 Atul kr. sri.