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2016 DIGILAW 1366 (ALL)

Krishna Bahadur Srivastava v. State of U. P.

2016-04-12

RAMESH SINHA, VINOD KUMAR SRIVASTAVA-III

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JUDGMENT Heard Sri Ravindra Sharma, learned counsel for the applicant, Sri Nitin Srivastava, learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 2.12.2015, order dated 16.1.2016 and entire consequential proceedings in Case Crime no.948 of 2008, under Section 13 (1)(d) read with Section 13(2) Prevention of Corruption Act, police station Vijay Nagar, District Ghaziabad, pending as Case No.2/45 of 2016 (State Vs. Krishna Bahadur Srivastava), in the Court of Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Meerut. 3. The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. 4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. 5. The prayer for quashing the charge sheet, impugned order dated 16.1.2016 and entire consequential proceeding of the aforesaid case is refused. 6. However, it is directed that in case the applicant appears and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided expeditiously. 7. For a period of three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance. 8. In case, the applicant does not appears before the Court below within the aforesaid period, trial Court is free to take coercive action against him. 9. 7. For a period of three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance. 8. In case, the applicant does not appears before the Court below within the aforesaid period, trial Court is free to take coercive action against him. 9. It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above. With the aforesaid directions, this application is finally disposed of.