Rajendra Kant Agnihotri vs The State Of U.P And Anr.
2015 Latest Caselaw 893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2695 of 2015
 

 
Applicant :- Rajendra Kant Agnihotri
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Purnendu Chakravarty,Ratnesh Kant Agnihotri
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri Purnendu Chakravarty, learned counsel for the applicant and learned A.G.A. for the State of U.P.

This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 25.05.2015 passed by the Special Judge, PC Act, Lucknow in Court Case No. 4/2014, arising out Crime No. 408/2007, under Sections 420, 467, 468, 471 I.P.C. and 13 (2) Prevention of Corruption Act, 1988, P.S. Bakshi Ka Talab, District Lucknow.

It is submitted on behalf of the applicant that he is the complainant of case no. 408 of 2007. In pursuance of that charge sheet was filed against the opposite party no. 2 and one other co-accused Rajesh Kumar Shukla. The prosecution of another co-accused Rajesh Kumar Shukla has been withdrawn and same is subject to challenge by means of revision no. 156 of 2015. By means of impugned order on the basis of withdrawn of prosecution of co-accused Rajesh Kumar Shukla, the matter was relegated to learned Magistrate for trial which is not permissible in the law.

Issue notice to the opposite party no. 2, returnable at an early date.

Necessary steps for service by the applicant be taken within a week.

Learned A.G.A. prays for and is granted two weeks time to file counter affidavit. Rejoinder affidavit may also be filed within one week thereafter.

List after expiry of the aforesaid period along with Criminal Revision No. 156 of 2015.

However, result of proceedings of the above case before the learned Magistrate will be depend on the final out come of this application.

Order Date :- 12.6.2015

Monika