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2018 DIGILAW 809 (ALL)

VIJAY v. STATE OF U. P.

2018-04-04

A.P.SAHI, SHASHI KANT

body2018
JUDGMENT & ORDER : 1. Heard Sri Yashwant Singh, learned counsel for the applicant, Sri A. K. Sand, 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 No. 2 of 2018, dated 9. 1. 2018 (State Vs. Vijay Kumar Sachan) vide S. T. No. 4 of 2018, Case Crime No. 138 of 2012, under Section 13(1) D and 13(2) Prevention of Corruption Act, Police Station Jahanabad, District Fatehpur, pending before the Special Judge, Prevention of Corruption Act, Varanasi. 3. Learned counsel for the applicant submits that the allegation against the applicant in the charge sheet is that he had spent Rs. 31,66,841/- which was an excess amount from his known source of income. He further submits that the applicant has agricultural land and he earns income from the same. Moreover, father of the petitioner has 22 Bighas agricultural land in which 1/3rd land is in the name of applicant which is also the source of applicant's income. He next argued that the father of the applicant who was a Clerk in Collectorate, Fatehpur has retired from the service and after retirement he has given money time to time to the applicant and his brother, hence, the amount which has been shown as an excess amount cannot be said to have been earned by the applicant by misusing his public office. He argued that the applicant has retired from the post of Junior Engineer, Distribution Hata, 33/11 KV Manda, Allahabad on 31. 12. 2012 and at present his both kidneys are damaged and he is getting treatment from Regency Hospital, Kanpur Nagar and his Homodialysis is going. 4. 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. 5. Learned AGA opposed the prayer for quashing of the charge sheet, but could not dispute the fact regarding ailment of the applicant. 6. 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. 5. Learned AGA opposed the prayer for quashing of the charge sheet, but could not dispute the fact regarding ailment of the applicant. 6. 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, (1960) AIR SC 866, State of Haryana Vs. Bhajan Lal, (1992) SCC(Cri) 426, State of Bihar Vs. P. P. Sharma, (1992) SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (2005) SCC(Cri) 283 (Para-10). 7. The prayer for quashing the charge sheet submitted in the aforesaid case is refused. 8. The present 482 Cr. P. C. application lacks merit. It is accordingly, dismissed. 9. It is needless to say that if the applicant surrenders before the Court concerned and applies for bail, the Court concerned while considering the bail application of the applicant shall consider the fact regarding his ailment in accordance with law.