Court No. - 71
Case :- APPLICATION U/S 482 No. - 7466 of 2019 Applicant :- Zuber Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Srivastava,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed praying for quashing of the entire proceedings of Special Sessions Trial No.16 of 2006 (State Vs. Zuber Khan), under Sections 7/13(2) of Prevention of Corruption Act and Section 120-B I.P.C pending in the court of the learned Additional Sessions Judge / Special Judge (P.C. Act), Special Court no.3, Varanasi.
The submission is that the entire allegations in the first information report have been made against Dr. Mohd. Aslam Ansari, Veterinary Officer in the Department of Health, Municipal Corporation, Varanasi who had demanded Rs.50,000/- from the one Gopal Ji Rao and there was no demand made by the applicant, who is an adhoc employee in the office. The applicant has been falsely implicated in this case. He was suspended from service in May 2006 which was subsequently revoked in November, 2006. He has also been bailed out by the Court below. He has submitted that his discharge application has wrongly been rejected by the Court below when no prima facie case is made out against him for sending him to trial for offence under Sections 7/13(2) of Prevention of Corruption Act and Section 120-B I.P.C.
A perusal of the order dated 22.01.2019 passed by the Court below shows that the Court below has found that the applicant demanded Rs.26,000/- as bribe from Gopal Ji Rao (complainant) and he was trapped in presence of independent witnesses accepting Rs.26,000/-. The trial court has considered relevant law in this regard and has found that there is sufficient material against him for sending him to trial since he accepted bribe for clearing the tender of the complainant. Charge-sheet has already been submitted against him and therefore, the court below has found sufficient material for framing charges against him and has rejected the discharge application .
This Court is not inclined to interfere with the order of court below since the order appears to be legally correct.
This application is devoid of merits and is hereby dismissed.
Order Date :- 26.2.2019 SS