Court No. - 71
Case :- APPLICATION U/S 482 No. - 3806 of 2019 Applicant :- Kamraj Ram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Srivastava,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel applicant and the learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Special Sessions Trial No.15 of 2008 (State Vs. Kamraj Ram), under Sections 7/13(2) of Prevention of Corruption Act pending in the Court of learned Additional Sessions Judge / Special Judge (P.C. Act), Special Court no.3., Varanasi.
The submission is that the applicant moved the discharge application under Section 227 Cr.P.C raising number of grounds. His first ground was that he was not the competent authority to get the quality of the water tested from his level for the purpose of setting up the industry of the complainant. There was no motive nor any reward for public duty and therefore, no offence under Section 7 read with 13(2) of the Prevention of Corruption Act is made out against the applicant. He also raised other grounds in the discharge application.
By the order dated 05.11.2018 his discharge application has been rejected without considering any ground raised in the discharge application and by only narrating that the applicant has been trapped and charge-sheet has been submitted. The court below has considered the case laws on the point and has rejected the discharge application of the applicant.
Learned AGA has submitted that the court below was required to see only the prima face case at this stage, which the court below has seen and thereafter rejected the discharge application and therefore, order of Court below does not calls for any interference.
After considering the rival submissions of the parties, it is clear that at the stage of application under Section 227 Cr.P.C, the Court below is required to apply its mind on the grounds raised by the applicant seeking discharge and recording cogent findings regarding the same. In the present case the Court below has not considered the grounds raised by the applicant in his discharge and has rejected the same. In view of the above, the order dated 05.11.2018 passed by the Court below is hereby quashed.
This application is allowed.
The matter is remanded to the court below and the court below is directed to pass fresh order on the discharge application of the applicant in accordance with law within a period of three months from the date of production of a certified copy of this order. Applicant is granted two weeks time to file certified copy of this order before the Court below from today.
Order Date :- 29.1.2019 SS