Rakesh Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4898 ALL

Citation : 2022 Latest Caselaw 4898 ALL
Judgement Date : 2 June, 2022

Allahabad High Court

Rakesh Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. ... on 2 June, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 
Case :- APPLICATION U/S 482 No. - 2571 of 2022
 
Applicant :- Rakesh Kumar Srivastava
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Mohammad Mustafa Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr. R.A. Khan, Advocate, representing the applicant, as well as Mr. Ashwani Kumar Singh, learned A.G.A., and gone though the entire petition.

2. This petition under Section 482 CrPC has been filed, praying therein for quashing of the impugned charge-sheet dated 17.09.2021 filed in Crime/FIR No.0884 of 2019, under Sections 13(1)(b) read with 13(2) Prevention of Corruption Act, 1988, Police Station Kotwali Nagar, District Raebareli and, also for quashing of summoning order dated 21.09.2021 passed by the learned Additional District and Sessions Judge/Special Judge, P.C. Act-7, Lucknow in Criminal Case No.1388/2021, copies of which are contained in Annexure Nos. 1 and 2 to the application, and entire proceedings arising out of the said FIR.

Stay of operation of the impugned orders has also been prayed.

3. On behalf of the petitioner, it has been submitted that the petitioner will surrender in pursuance of the impugned summoning order before the trial Court by Tuesday i.e. 07.06.2022 and will apply for regular bail. It is further submitted that application for regular bail of the petitioner may be directed to be considered by the learned trial Court in light of judgment of the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. through Director).

4. Mr. Ashwani Kumar Singh, learned A.G.A., has no objection for such a direction by this Court.

5. In view thereof, this application is disposed of with a liberty to the applicant to surrender before the trial Court by Tuesday i.e. 07.06.2022 and apply for regular bail. If the applicant surrenders and applies for regular bail, as directed above, the same shall be considered and decided in accordance with law, taking into consideration the judgment of the Supreme Court in Amanpreet Singh Vs. C.B.I. through Director (supra).

Order Date :- 2.6.2022 MVS/-