Court No. - 44
Case :- APPLICATION U/S 482 No. - 28825 of 2019 Applicant :- Dr. Diwakar Prasad Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Raj Kumar Gautam,Dharmendra Singhal(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Dharmendra Singhal, learned Senior Advocate assisted by Sri R.K. Gautam, learned counsel for the applicant and Sri S.N. Mishra, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Case No. 4 of 2016 arising out of RC-0532016A0002 under sections 120-B/420 I.P.C. read with 13 (2)/13(1) (d) Prevention of Corruption Act, police station C.B.I./S.C.B./Lucknow, charge-sheet dated 31.12.218 as well as the order dated 1.6.2019 passed in the aforesaid case.
Learned counsel for the applicant submits that the applicant has retired from the post of C.M.O. in the year 2012 and at present he is aged about 66 years suffering from various old age disease. The applicant had rendered his services with full dedication and honesty and no criminal or any department enquiry was ever initiated against him throughout his service tenure. The F.I.R. of the present incident was lodged after about 7 years of the incident. He submits that as per Regulation 351-A of Civil Service Regulations, a Government employee cannot be prosecuted after 4 years of his retirement for any offence committed by him while he was in service. The sanction order was also mechanically passed by the Sanctioning Authority without going into the material collected by the Investigating Agency which is apparent from the Sanction Order. However, the applicant undertake to surrender before the court below.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
The prayer for quashing the proceedings of the aforesaid case, the charge-sheet and the impugned order is refused.
However, if the applicant surrender before the court below and move application for bail within three weeks from today, the court below shall consider the same expeditiously in accordance with law.
With the aforesaid observations, the application stands disposed of.
Order Date :- 25.7.2019 Shiraz