Court No. - 1
Case :- APPLICATION U/S 482 No. - 13882 of 2018
Applicant :- Ramakant Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailesh Verma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shailesh Verma, learned counsel for the applicants, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings arising out of summoning order dated 23.6.2015 pending in S.S.T. No.01 of 2015 and also arising out of summoning order dated 4.5.2017 S.S.T. No.01 of 2017 against the applicants arising out of case crime no.273 of 2015, u/s 7/13 Prevention of Corruption Act, 1988, P.S. Bilhaur, Kanpur Nagar, pending before District Judge, Kanpur Dehat, Ramabai Nagar.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. Moreover in view of the judgement of the Apex Court in the case of Asian Resurfacing Of Road Agency Pvt. Ltd. & Another Vs. C.B.I passed in Criminal Appeal Nos.1375-1376 of 2013, neither the quashing of the proceeding or stay of the same be passed by this Court.
The prayer for quashing the proceedings and impugned orders passed in the aforesaid case is refused.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same preferably within the period of eight months from the date of production of the certified copy of this order before the trial court without granting unnecessary adjournment to either of the parties if there is no legal impediment.
With the aforesaid directions, this 482 application is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 24.4.2018 Gaurav