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2016 DIGILAW 1056 (ALL)

Rajesh Kumar Rathor v. State of U. P.

2016-03-28

ARVIND KUMAR TRIPATHI, MOHD.TAHIR

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JUDGMENT Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding initiated under section 82 Cr.P.C. by Special Judge, Anti Corruption Act, Meerut, in case crime no.175 of 2008, under section 409, 420, 468, 467, 471, 120-B IPC and 7/13 (1) (D) read with section 13(2) Anti Corruption Act, 1988, P.S. Tajganj, District Agra pending in the court of Special Judge, Anti Corruption Act, 1988, Meerut and further prayer is to stay the proceeding of aforesaid case. 3. Learned counsel for the applicant submitted that proceeding under the Anti Corruption Act is not maintainable against the applicant as he is not a public servant. He further submitted that order of declaration was passed under section 82 Cr.P.C. by the Special Judge, Anti Corruption Act, Meerut and as such the proceeding and impugned order of declaration is liable to be dismissed. 4. Learned AGA opposed the aforesaid prayer and submitted that matter is still under investigation. The writ petition was filed for quashing of the first information report, however, same was dismissed on merit by the other Bench of this Court on 14.12.2015 hence at this stage, he is not entitled for any relief. 5. Considered the submission of learned counsel for the parties. When petition under Article 226 Constitution of India was filed on behalf of applicant for quashing of the FIR, the same was dismissed on merit vide order dated 14.12.2015 passed by coordinate Bench of this Court as in view of the allegation prima facie cognizable offence was made. Inspite of dismissal of the writ petition he failed to cooperate with the investigation and surrender before the court concerned since he was wanted hence rightly the proceeding was initiated under section 82 Cr.P.C. Since applicant is absconding and writ petition has already been dismissed on merit hence present application, under section 482 Cr.P.C., is hereby dismissed.