Court No. - 1
Case :- APPLICATION U/S 482 No. - 16717 of 2019 Applicant :- Rajendra Prasad Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nilam Shukla,Surnedra Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.P. Shukla, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 25.1.2019 passed by Learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act)-III, Varanasi in S.S.T. No.03 of 2007 (State vs. Rajendra Prasad Singh) arising out of Case Crime No.241 of 2006, under Section 7/13 (2) Prevention of Corruption Act, Police Station Chetganj, District Varanasi whereby learned judge has decided the application of 16(kh)/44 dated 16.11.2006 and framed the charge against the applicant.
The contention of learned counsel for the applicant is that no offence against the applicant is collection Ameen and the money which was given to him was in pursuance of the recovery certificate against the person who had taken the loan but he has been falsely implicated in the present case. It has been further submitted that the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Learned A.G.A. for the State has vehemently opposed the prayer for quashing the aforesaid order dated 25.1.2019 and has submitted that the case is of the year 2006 and charges have been framed against the applicant by the trial court. Moreover, the applicant was arrested on the spot by the trap party taking a bribe of Rs.2000/-.
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