Court No. - 71
Case :- APPLICATION U/S 482 No. - 7971 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Gagan Mehta,Pradeep Singh,Sri Ashok Mehta (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
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 05.10.2018 as well as non bailable warrant dated 29.10.2018 and entire proceedings of Case No.44 of 2018, arising out of Case Crime No.97 of 2006, under Sections 13(1) D read with Section 13(2) of Prevention of Corruption Act, 1988 read with Section 218, 419, 420, 120B I.P.C, Police Station Kotwali, District Agra, pending in the court of Special Sessions Judge (Anti Corruption), Meerut.
The submission is that the allegation against the applicant while working as clerk in Agra Development Authority, he misused his official position in connivance with builder Sri Radhey Lal Maheshwari. He committed offence cognizable under Section 13(1)D read with 13(2) of Prevention of Corruption Act. It has been submitted that a large number of employees of Agra Development Authority were implicated and one such employee namely, Shiv Prasad Singh, has already approached this Court by way of Application under Section 482 Cr.P.C. No.10289 of 2018, wherein he has been granted relief by order dated 29.03.2018.
It is clear that the applicant has not surrendered before the Court below nor he has obtained bail. Non bailable warrant has been issued against him on 29.10.2018.
In view of the submission, it is open for the applicant to move discharge application before the Court below within a period of one month from today. If such an application is filed the same shall be decided by the Court below within a period of two months thereafter.Applicant shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring his presence before the Court for the purpose of consideration of discharge application. Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid directions, application stands disposed of.
Order Date :- 28.2.2019 Ruchi Agrahari