Lekhpal Abhishek Gupta vs State Of U.P. And 3 Others
2018 Latest Caselaw 525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12265 of 2018
 
Petitioner :- Lekhpal Abhishek Gupta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mahadeo Singh Chandel
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri M.S.Chandel, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer to quash the FIR dated 2.5.2018, registered as case crime No.253 of 2018, under Sections 7, 8, 13 Anti Corruption Act, 1988, Police Station Akbarpur, District Ramabai Nagar.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that a video clipping was made viral which was also being flashed in the news channel in which petitioner who is a Lekhpal was seen to be taking bribe of Rs.500/-, but whether the said video clipping is genuine or not, cannot be ascertained at this stage. Moreover, the person who is giving money to the petitioner, has also not been shown in the video. He next argued that the there is no such evidence by the video clipping that who is handing over the money and for what purpose it was being paid.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 14.5.2018/NS