Court No. - 1
Case :- APPLICATION U/S 482 No. - 16720 of 2019 Applicant :- Manoj Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Chandra Narayan Mishra, learned counsel for the applicant and Sri Gaurav Pratap Singh, learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 30.1.2019 passed by Additional Sessions Judge/Special Judge (Anticorruption Act), Court No.4, Varanasi in Special Session Trial No.13 of 2011, State vs. Rajaram Singh and others, arising out of case crime no.128 of 2011 under Sections 465, 467, 468, 471, 409, 120B IPC and Section 13(1)(C)(D) read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station Dhata, District Fatehpur.
The contention of learned counsel for the applicant is that the applicant is a clerk in Prathmik Swasthya Kendra, Dhata Fatehpur and the applicant has no concern with the embezzlement of Janani Suraksha Yojna nor he is beneficiary in any manner. It has been further submitted that the applicant has taken specific plea in the discharge application that no proper sanction has been granted by the State Government for prosecution of the applicant, hence the prosecution is wholly illegal and arbitrary. It is lastly submitted that the applicant had played no role in proper distribution of cheque or cash payment to the beneficiaries.
Learned A.G.A. has vehemently opposed the prayer for quashing the aforesaid order dated 30.1.2019 and has submitted that the trial court after finding a prima facie case against the applicant rejected his discharge application.
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 in its inherent power under Section 482 Cr.P.C. The prayer for quashing of the same is hereby refused.
However, the trial court is directed to expedite the trial and conclude the same in accordance with law expeditiously preferably within a period of eight months from the date of production of a certified copy of this order, if there is no legal impediment.
With the aforesaid observations, the application stands disposed of.
Order Date :- 26.4.2019/Deepika