Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of criminal case No. 18 of 2008 arising out of charge sheet submitted in case crime No. 316 of 2003 under sections 420, 467, 468, 471, 120-B IPC and section 13(1)(D) read with section 13(2) Prevention of Corruption Act, 1988, P.S. Ghazipur, District Lucknow pending in the court of learned Special Judge (Prevention of Corruption) Act), Lucknow.
It is contended by learned counsel for the applicant that on the basis of the material collected by the I.O. prima facie no offence is made out against the applicant but the learned Special Judge has taken the cognizance without going through the material collected by the I.O. during investigation, therefore, charge sheet as well as order of cognizance taken by the learned Special Judge may be quashed.
In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant by way of moving the discharge application.
Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 30 days from today before the court concerned through his counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicant shall not be arrested.
The interim order dated 11.9.2008 is hereby vacated.
With this direction, this application is finally disposed of.
Order Date :- 17.10.2011 RPD