Anil Shukla vs The State Of U.P And Anr.
2015 Latest Caselaw 940 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- U/S 482/378/407 No. - 3066 of 2015
 
Applicant :- Anil Shukla
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Brijendra Singh,S.S Rajawat
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Akhtar Husain Khan,J.

       Heard learned counsel for petitioner as well as learned A.G.A for the State and perused the record.

        Present petition has been moved by petitioner Anil Shukla, under Section 482 Cr.P.C. with prayer to quash the charge sheet dated 19.11.2009 bearing charge sheet No. 43-A/2009 in Case Crime No.496 of 2009 under sections 170, 419, 420, 406 IPC & 7/8 of Prevention of Corruption Act, P.S. Kotwali Dehat, District Hardoi.

      Learned counsel for the petitioner contended that co-accused Shiv Bahadur Singh, Contable 248 Rajesh Trivedi and Constable 457 Prabhat has already been acquitted vide judgment and order dated 29.5.2015 passed by Additional Sessions Judge/Special Judge, (E.C. Act), Hardoi in Criminal Case No. 57 of 2009 (State vs. Shiv Bahadur Singh and ors) Crime No.496 of 2009 under sections 170, 419, 420, 406 IPC and Section 8 of Prevention of Corruption Act.

      Admittedly, the police has submitted charge sheet against the petitioner in Crime No.496 of 2009 under sections 170, 419, 420, 406 IPC and Section 8 of Prevention of Corruption Act, P.S. Kotwali Dehat, District Hardoi whereupon Special Court has taken cognizance. Cognizance order has not been challenged in this petition. The Special Court concerned is competent to consider the plea of discharge moved by the petitioner under sections 239/227 Cr.P.C. at appropriate stage.

      I find no justification for any interference under section 482 Cr.P.C. at this stage present petition is disposed of with liberty to petitioner to move discharge application before the Special court concerned.

       At this juncture, learned counsel for petitioner prayed for a direction under Section 483 Cr.P.C. for expeditious disposal of bail application.

        Learned A.G.A. has no objection to this prayer.

      A direction for expeditious disposal of bail application appears to be just. Petition is hereby finally disposed of with direction to Magistrate/Trial court concerned to make expeditious disposal of bail application moved by petitioner in the light of principle laid down by the seven Judges Bench of this court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290] as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)] subject to condition that petitioner shall appear before Magistrate/Trial Court concerned within one month from today and shall move bail application in accordance with law.

        In the meantime, no coercive steps shall be taken against petitioner.

        Time specified above shall not be extended further.

Order Date :- 30.6.2015

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