Court No. - 71
Case :- APPLICATION U/S 482 No. - 7463 of 2019 Applicant :- Ram Asrey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harindra Prasad,Mr. Kamal Krishna, 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 entire proceedings in Criminal Case No. 1977 of 2019, under Sections- 409, 420, 467, 468, 471, 120-B IPC and 13 (2) Prevention of Corruption Act, Police Station- SIT U.P. Lucknow, District- Lucknow, pending in the court of Special Judge, Anti Corruption C.B.I. (Central), Lucknow.
Submission is that the applicant was posted as District Food and Marketing Officer, Basti, in the office of Department of Food Civil Supply, Basti, from 15.10.2005 to 31.10.2011. The allegation against the applicant is that in the audit report, it has been found that on 21.12.2005, Truck No. UP No.1231 was deployed for transporting 250 gunny bags of wheat stock, its entry was not made. Similarly on 12.04.2006 by Vehicle No. UP 53 J 4131 TD No. 1361, 250 gunny bags of stock was shown to be transported. The price of wheat stock was embezzled. It has been submitted that during the period 15.10.2005 to 31.10.2011, the applicant was employed in District Basti. From the information supplied by the department under Right to Information Act, the vehicle No. UP 1231 was not used from 21.12.2005 and 12.04.2018 for transportation of wheat. It has been submitted that the allegation against the applicant is that he was involved in the fraudulent transport of wheat on 21.12.2005 and 12.04.2006 is belied from the information supplied by Department under Right to Information Act, dated 06.08.2018 and therefore, no offence against the applicant is made out.
Without entering into merits of the case, it is open for the applicant to file discharge application through counsel before the trial Court within one month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order. 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. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against him.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of.
Order Date :- 26.2.2019 SS