Court No. - 71
Case :- APPLICATION U/S 482 No. - 7231 of 2019 Applicant :- Lakhbinder Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
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 charge sheet dated 30.1.2019 alongwith cognizance order dated 6.2.2019 passed by Special Judge, Anti corruption Act , Bareilly as well as entire proceedings against the applicant pursuant to the charge sheet dated 30.1.2019 (State Vs. Jeeraj Singh and others) arising out of case crime no. 46 of 2002 under sections 7/13 of Prevention of Corruption Act, 1988 and section 384 I.P.c. P.S. Bilaspur District Rampur pending in the court of Special Judge, Anti corruption Act, Bareilly.
Learned counsel for the applicant submits that applicant was neither implicated in the First Information Report nor he was charge sheeted. However he has been implicated because he was present on the scene of occurrence.It has been submitted that order of cognizance and sanction granted for prosecution of the applicant is bad in law. He has neither demanded any money nor accepted. It has been further submitted applicant is on bail.
In that view of the matter, it is open for the applicant to move discharge application within one month from today through counsel before the trial Court and the trial court shall decide the same within a period of two months from the date of filing of application along with certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid direction,the application is disposed of.
Order Date :- 25.2.2019 Atul kr. sri.