Allahabad High Court
Anokhey Lal Yadav And 10 Others vs State Of U.P. And Another on 3 March, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 17398 of 2021
Applicant :- Anokhey Lal Yadav And 10 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pankaj Srivastava,Rajrshi Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Pankaj Srivastava and Mr. Rajarshi Gupta, learned counsels for the accused petitioners and Sri Ratnendu Kumar Singh, learned A.G.A. for the State and perused the record.
2. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of proceedings in Special Trial No. 11 of 2011 [State Vs. Sarvesh Kumar Singh] pending before the Special Judge (Prevention of Corruption Act), Court No. 5, District Gorakhpur, pursuant to F.I.R. under Sections 419, 420, 467, 468, 471 I.P.C. and Sections 13(1)D read with Section 13(2) of the Prevention of Corruption Act, 1988, being Case Crime No. 11591 of 1998, Police Station -Kotwali, District -Pratapgarh; and seeking stay of the further proceedings of the aforesaid case.
3. The crime in question encompasses three trials being Special Trial Nos. 11 of 2011, 18 of 2011 and 03 of 2011.
4. On 22.08.1998, a First Information Report came to be registered under Sections 419, 420, 467, 468, 471 I.P.C. and Section 13(1)D read with Section 13(2) of the Prevention of Corruption Act, 1988, Police Station -Kotwali, District -Pratapgarh against twenty persons including the present petitioners on the ground inter alia that on an open investigation by the Vigilance Department, three doctors and one Clerk in the office of Chief Medical Officer, Pratapgarh conspired with the private persons to issue fake Pharmacist Certificates and issued 16 drug licences to 16 different persons. After investigating the offence, the charge sheet was filed only against the Clerk and the private individuals and the Deputy Chief Medical Officer and Chief Medical Officer, were not charge-sheeted under whose signatures these drug licences were issued. The Lucknow Bench of this Court, in respect of one accused, namely, Smt. Renu Verma, had quashed the charge sheet and criminal proceedings vide a detailed order dated 04.02.2020 while entertaining Application U/s 482 No. 1424 of 2011 [Smt. Renu Verma Vs. The State of U.P. and Another].
5. Sri Pankaj Srivastava and Sri Rajrshi Gupta, learned counsels representing the accused petitioners have submitted that the accused petitioners were though issued licences but they did not open the shops, as, before they could open the shops, the matter got highlighted and the lincences were never acted upon. It is further submitted the the alleged incident took place in the year 1994-95 and the F.I.R. in question came to be lodged in the year 1998 and till date not even a single witness has been examined in these three trials going on in respect of the present accused petitioners.
6. Sri Ratnendu Kumar Singh, learned A.G.A. does not dispute the fact that the present petition is also covered by the judgment and order dated 04.02.2020 passed by Lucknow Bench of this Court in Application U/s 482 No. 1424 of 2011.
7. This Court specifically held that the offences under Sections 7, 12, 13(1)D r/w Section 13(2) of the Prevention of Corruption Act, are not made out against the petitioner in that 482 Cr.P.C. petition, as she was not a public servant.
8. Considering the aforesaid facts and circumstances and also taking note of the fact that in the matter of an identically situated accused, the Court has quashed the charge sheet and the entire proceedings, this Court finds no ground to take a view different than that of taken in the judgment and order dated 04.02.2020 passed in Application U/s 482 No. 1424 of 2011.
9. Thus the present application is allowed. The proceedings in respect of Special Trial No. 11 of 2011 [State Vs. Sarvesh Kumar Singh] pending before the Special Judge (Prevention of Corruption Act), Court No. 5, District Gorakhpur, pursuant to F.I.R. under Sections 419, 420, 467, 468, 471 I.P.C. and Sections 13(1)D read with Section 13(2) of the Prevention of Corruption Act, 1988, being Case Crime No. 11591 of 1998, Police Station -Kotwali, District -Pratapgarh, are hereby quashed, so far as the petitioners are concerned.
Order Date :- 3.3.2023
Arun K. Singh
