Allahabad High Court
Sudhir Kumar vs State Of U.P. And Another on 8 July, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- APPLICATION U/S 482 No. - 22806 of 2019
Applicant :- Sudhir Kumar
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Narendra Singh Chahar
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Narendra Singh Chahar, learned counsel for the applicant, Sri G.P.Singh, learned counsel for the C.B.I. and Sri G.P.Singh, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.45 of 2018 (State Vs. Sudhir Kumar), pending in the Court of Special Judge (Anti Corruption), Meerut as well as to quash the order dated 11.2.2019 passed by Special Judge (Anti Corruption), Court No.1, Meerut rejecting the discharge application 38-Kha.
It has been contended by learned counsel for the applicant that the applicant was appointed as Constable in U.P. police and initially he was posted at Aligarh, thereafter transferred from Aligarh to various other places and at present he is posted at police lines Mainpuri. He further submits that the applicant joined at Mainpuri in the year 2014 from where he was attached to Mathura and sent for special duty to Krishna Janam Bhoomi Mathura. There is no adverse remark made by any of the authority of the applicant during his entire service career. He next argued that opp.party no.2 lodged the present FIR against the applicant on 24.2.2018, under Sections 7, 8 & 13 of the Prevention of Corruption Act, 1988 at Police Station Sadar Bazar, District Mathura for alleged demand of money of Rs.1 lac for providing charge of Mahila Thana. On he basis of FIR, the Investigating Officer recorded the statement of opp. party no.2 as well as applicant and submitted charge sheet against the applicant on 13.6.2018 under Section 7/8 of P.C. Act although opp. party no.2 admitted that she had not given any money to the applicant for charge of Mahila Thana, Mathura. Thereafter, on the basis of charge sheet submitted in the matter, learned Court below took cognizance on 20.6.2018 without perusal of material evidence on record. He next submitted that the applicant challenged the said charge sheet before this Court by means of filing Crl. Misc. 482 Cr.P.C. Application No.75 of 2019, which was disposed of by Coordinate Bench of vide order dated 4.1.2019 directing the Court below to decide the discharge application moved by the applicant. Thereafter, in terms of the order dated 4.1.2019 passed by this Court, applicant moved discharge application, which has been illegally rejected by the Court below vide order dated 11.2.2019 only on the ground that the material evidence cannot be considered at this stage, hence, the present application. There is no evidence on record regarding demand of money for the purpose of providing charge of P.S.Mahila Thana, District Mathura, hence, prayed that the impugned order and the entire proceedings be quashed.
Learned AGA opposed the prayer for quashing of the entire proceedings of the aforesaid case as well as impugned order dated 11.2.2019 by which the Special Judge (Anti Corruption), Court No.1, Meerut has rejected the discharge application 38-Kha of the applicant does not suffer from any illegality.
Having considered the submissions advanced by learned counsel for the parties and perused the material available on record, I do not find any good ground to interfere in the matter in exercise of inherent power under Section 482 Cr.P.C. either for quashing of the entire proceedings based on the charge sheet or the order impugned order as the same is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court.
The present 482 Cr.P.C. application lacks merit. It is accordingly, dismissed.
Order Date :- 8.7.2019
NS
