Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13898 of 2018 Petitioner :- Ram Awadh Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mani Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.S. Pandey, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 26.4.2018 registered as Case Crime No. 715 of 2018 under sections 7, 13 (1) (d) and 13 (2) Prevention of Corruption Act, police station Kavi Nagar, District Ghaziabad.
It is admitted between the parties that the petitioner is confined in jail.
Learned counsel for the petitioner submits that the petitioner has challenged the impugned F.I.R. on the ground that the investigation which is being carried out by an Inspector which is against the mandate of Prevention of Corruption Act as the offence under the aforesaid Act should be investigated by an Officer not below the rank of Dy. S.P. and moreover, sanction for prosecution of the petitioner, who is a Gazetted Officer, has also not been taken from the competent authority for lodging F.I.R. against him, hence the same is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses cognizable offence and submitted that the applicant was caught hold red handed taking bribe of Rs. 50,000/-.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.5.2018 Shiraz