Court No. - 44
Case :- APPLICATION U/S 482 No. - 28808 of 2019 Applicant :- Pooran Singh Mehra Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Rajneesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.P. Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
The present crl. 482 Cr.P.C. application has been preferred against the judgment and order dated 23.5.2019 passed by Special Judge, Anti corruption, Meerut in criminal suit no. 07 of 2019 relating to case crime no. 2040 of 2011 under sections 169 I.P.C. and 13 (1) (E) read with 13 (2) Prevention of Corruption Act, police station Indrapuram, District Ghaziabad rejecting the discharge application of the accused applicant.
Learned counsel for the applicant submits that earlier the applicant lend Rs. 16 lacs to one Naresh Yadav and when he refused to give back the same the applicant lodged an F.I.R. against him thereafter as a pressure tactics, Naresh Yadav moved a false and frivolous complaint against him before the Inspector General, Meerut. On the basis of said complaint, an enquiry was conducted by the Anti Corruption Cell and after conducting the enquiry, report was forwarded to the Principal Secretary Home for taking final decision. On the basis of aforesaid report, the D.S.P., Anti Corruption directed for lodging of F.I.R. against the applicant. Thereafter against Naresh Yadav lodged an N.C.R. No. 63 of 2010 under section 504 I.P.C. with an allegation that the applicant is threatening and pressurizing him to withdrawn the aforesaid complaint. Thereafter, the Anti Corruption Organization itself approached the concerned Magistrate and submitted charge-sheet against the applicant under the influence of Naresh Yadav. On the basis of false report made by the Investigating Officer F.I.R. was registered against the applicant in the present case. Thereafter, Enquiry Officer of Food Cell concludes the departmental enquiry and submitted his report before the authorities. On the basis of aforesaid wrong material collected by the Investigating Officer during investigation, submitted the charge-sheet against the applicant and the Special Judge/Prevention of Corruption Act, Meerut directed the applicant to face trial under the Prevention of Corruption Act. The applicant moved a discharge application demonstrating all relevant facts but the learned Court below in a mechanical manner wrongly rejected the same, hence the applicant filed by the present application praying for quashing of the same.
Learned A.G.A. opposed the prayer for quashing.
Considered the submissions advanced by learned counsel for the parties and perused the record.
From a perusal of the material brought on record and the impugned order rejecting the discharge application of the applicant, it is apparent that the trial court after finding prima facie case against the applicant for framing charges on the basis of material collected during investigation has rightly rejected the discharge application of the applicant. It would not be out of place to mention that the Apex Court in the case of Shiv Raj Singh Ahlawat vs. State of U.P. reported in 2013 SCC (11) 476 has observed that at the time of framing of charges only prima facie case is to be seen and possibility of conviction at the time of framing of charge is not to be scrutinized by the trial court. At this stage, it cannot be said that the trial of the applicant is an abuse to the process of the Court and the trial of the applicant is wholly unwarranted, hence I do not find any good ground to interfere in the matter.
The revision is accordingly, dismissed.
Order Date :- 25.7.2019 Shiraz