Heard the learned counsel for the petitioner and learned A.G.A. who has put in appearance on behalf of opposite party no.1.
At this stage notice in respect of opposite party no. 2 is dispensed with. The application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 06.08.2009 arising out of Case No.R.C. BD 1/2008/E/0007/C.B.I./BS and FC/New Delhi pending before the Special Judge Anti Corruption (Central) U.P., Lucknow and the summoning order dated 13.08.2009 including the issuance of process under Sections 82/83 Cr.P.C.
The charge-sheet has been filed on the basis of the accusation made in the F.I.R. and the evidence collected during investigation including the statements under Section 161 Cr.P.C. The other averments are factual in nature that cannot be adjudicated in the present application. There does not appear to be any sufficient cogent ground for quashing of the entire proceedings.
Learned counsel for the petitioner, however, submits that except the offence under Prevention of Corruption Act all the other offences are not so grave and the triable by Magistrate. Moreover the petitioner being law abiding citizen intends to participate in the proceedings after seeking bail. Without entering into the merits of the case in view of the aforesaid facts and circumstances, it is directed that if the applicant appears before the court concerned and applies for bail within one month from today, both the courts below shall dispose of the application expeditiously.
Till the aforesaid period of one month the warrant and process under Sections 82/83 Cr.P.C. shall be kept in abeyance.
With these observations this petition is finally disposed of.
Order Date :- 21.1.2010 PAL/