Court No. - 51
Case :- APPLICATION U/S 482 No. - 6449 of 2018 Applicant :- Vipin Kumar Rai Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of case crime no. 244/2010, under Section 7/13 (1)(D) R.W. 13 (2) Prevention of Corruption Act, Police Station Kotwali, District Jaunpur pending before the concerned courts below as well as chargesheet submitted in the aforesaid case.
The contention of the 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. He pointed out certain documents and statements in support of his contention. It has been informed that the applicant has already been granted bail.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer as made above is hereby refused.
However, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law by the concerned Court below.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 26.2.2018 Anand