Court No. - 71
Case :- APPLICATION U/S 482 No. - 3418 of 2019 Applicant :- Shiv Dutt Pachauri Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 17.11.2018 passed by Special Judge(Prevention of Corruption Act) Special Court no.1, Meerut in Special Criminal Case No. 244 of 2016 (State Vs. Shiv Dutt Pachauri) arising out of case Crime No. 105 of 2009 under sections 420, 467, 468, 471 I.P.C. and section 3/7 of E.C. Act and section 7/13 of Prevention of Corruption Act, P.S. Jaitpura District Agra.
The contention of learned counsel for the applicant is that the Investigating Officer without proper investigation wrongly and illegally submitted charge sheet against the applicant.
The prayer for quashing the proceedings of the aforesaid case based is refused.
However, it is directed that in case the applicant appears and surrender before the court below within two months from today and apply for bail, his prayer for bail shall be considered and decided in view of the judgement and order dated 08.07.2016 passed by this Court in the case of Brahm Singh & others Vs. State of U.P. and others in Criminal Misc. Writ Petition No.15609 of 2016 after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Till than no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.1.2019 Atul kr. sri.