Court No. - 71
Case :- APPLICATION U/S 482 No. - 7462 of 2019 Applicant :- Umesh Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar Singh 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 of Special Trial No.
515 of 2018(State Vs. Umesh Gupta) as well as charge sheet dated 3.8.2018 in case crime no. 354 of 2018 under section 7/13 (1) (d) read with section 13(2) of Prevention of Corruption Act, 1988 P.S. Kotwali District Basti and N.B.W. dated 30.1.2019 pending in the court of A.D.J./Special Judge, Anti corruption Court no.5, Gorakhpur.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections.From perusal of the entire evidence available on records there is no offence under section 7/13(1) (d) read with section 13(2) of Prevention of Corruption Act, 1988 made out against the applicant.
Without entering into merits of the argument raised, applicant is permitted to move discharge application within one month from today through counsel before the trial Court and the trial court shall decide the same within a period of three months thereafter from the date of filing of applicantion along with certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid direction,the application is disposed of.
Order Date :- 26.2.2019 Atul kr. sri.