Court No. - 51
Case :- APPLICATION U/S 482 No. - 10513 of 2018 Applicant :- Rajveer Singh Thainuwa Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Heard Sri Dharmendra Singhal, learned counsel for the applicant and learned Additional Government Advocate for the State-respondent.
The instant application under section 482 Cr.P.C. has been filed with the following reliefs:
"to allow this application and quash the impugned charge sheet dated 28.02.2018 submitted in case crime no. 97 of 2006, under sections 13(1) D read with 13(2) Prevention of Corruption Act, 1988 and sections 419, 420, 120-B IPC, P.S. Kotwali, District Agra, now registered as Criminal Case No. 06/45/2018 State Vs. Santosh Jain and others, pending before learned Special Judge, Prevention of Corruption Act, Meerut, and all consequential proceedings thereon, it relates to the present applicant in the interest of justice.
And may also be pleased to stay further proceedings of the Criminal Case No. 06/45/2018 State Vs. Santosh Kumar Jain and others (arising out of case crime no. 97 of 2006) under sections 13(1) D read with 13(2) Prevention of Corruption Act, 1988 & sections 419, 420, 120-B IPC, P.S. Kotwali, District Agra, it relates to the present applicant during pendency of this Criminal Misc. Application before this Hon'ble Court.
And/or to pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise, the applicant will suffer irreparable loss and injury."
Contention is that the charge sheet has been filed on 28.02.2018 and and order of cognizance was passed on 06.03.2018 against the applicant. Reliance has been placed upon paragraph nos.7, 8, 9, 10 and 11 of the affidavit filed in support of the application under section 482 Cr.P.C.
Learned Additional Government Advocate strongly opposed the contentions advanced on behalf of the applicant.
In view of the facts and circumstances of the case and in view of the consistent view of the Apex Court, without interfering with the impugned charge sheet and without expressing any opinion on the merits of the case, the present application 482 of the Code of Criminal Procedure is being disposed of with the direction that in case the petitioner-applicant participates and cooperates in the proceedings, no coercive measure/process shall be issued against the petitioner-applicant. However, it is made clear that in case the petitioner-applicant does not participate and cooperate in the proceedings, all necessary measures/process shall be issued against him.
With the aforesaid directions, the application U/s 482 Cr.P.C. is disposed of.
Order Date :- 30.3.2018 Kuldeep