LAWS(UTN)-2011-2-58

ANURAG GUPTA S/O SHRI RAJESHWAR KUMAR GUPTA PROPRIETOR OF GUPTA AND COMPANY Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH SP (E) CBI AND STATE OF UTTARAKHAND THROUGH ITS HOME SECRETARY

Decided On February 17, 2011
Anurag Gupta S/O Shri Rajeshwar Kumar Gupta Proprietor Of Gupta And Company Appellant
V/S
Central Bureau Of Investigation Through Sp (E) Cbi And State Of Uttarakhand Through Its Home Secretary Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has sought quashing of the proceedings of charge sheet relating to offence punishable under Section 13 of Prevention of Corruption Act, 1988.

(3.) CLAUSE (c) of Sub -section (3) of Section 19 of Prevention of Corruption Act, 1988, provides that no court shall stay the proceedings under this Act in relation to the trial of the offence punishable under the Act. Learned Counsel for the Petitioner submitted that Petitioner is not a public servant. However, that is not the exception provided under Section 19 of the Act.