Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner and learned counsel for the C.B.I.
This petition under Section 482 Cr.P.C has been filed by Mohd. Naseem to quash the sanctioned order dated 17.02.2009 and order of taking cognizance dated 03.05.2010 passed by Special Judge, Anti Corruption (West), Lucknow and also to quash the entire proceeding in Criminal Case No. 9 of 2009 arising out of the chargesheet filed by the Investigating Officer on the First Information Report No. 0062007 A 0019 under Sections 120 B, 420, 468 and 471 IPC & 13(2) read with 13 (1)(d) of the Prevention of Corruption Act, 1988.
The submission of the learned counsel for the petitioner is that one Sri Ashok Kumar alias Ashok Kumar Shukla the then Senior Divisional Finance Manager, North Central Railway, Allahabad and other officers were chargesheeted by the Investigating Officer. Sri Shukla had already filed petition under Section 482 Cr.P.C. for quashing the chargesheet in which the another Bench of this Court was pleased to stay the operation of order dated 30.03.2009 as against Sri Shukla. The petitioner is subordinate to Sri Ashok Kumar Shukla. The allegations against the petitioner are almost the same as against Sri Shukla. Therefore, the petitioner is entitled to the same relief during the pendency of the present petition.
Considering the submissions of the learned counsel for the applicant and learned counsel for the C.B.I..
This petition be tagged with Crl. Misc. Case No. 1663 of 2009 and be listed in the second week of July, 2010.
In the meantime, learned A.G.A. may file counter affidavit.
Till then, no coercive measure shall be adopted by the trial court to procure the attendance of the accused.
Order Date :- 22.6.2010 Amit