MOHD.SABIR KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application has been moved under Section 482, Cr. P.C. for quashing the charge sheet dated 24.8.07 and its consequential cognizance order dated 27.8.07 passed by the learned Special Judge (P.C. Act), Lucknow in State Vs. Mohd. Sabir Khan in criminal case no.63/07 arising out of crime no.450/07, under Section 7/13(1) (d) & 13 (2), Prevention of Corruption Act, P.S. Hazratganj, District Lucknow.

(2.) IT appears from the record that the prosecution came with the case that on 28.6.07 when the applicant was working in the Office of State Information Commissioner, U.P., Lucknow, the first informant Anil Kumar of village Tankey Gaon, police station Kadipur, District Sultanpur approached him for obtaining the copy of an order. The applicant demanded illegal gratification of Rs.500/-. The aggrieved Anil Kumar, thereafter, moved the concerned authorities for apprehending the applicant for his demand of illegal gratification. On his complaint, a trap was laid and the applicant was arrested on 28.6.07 at 4.45 p.m. while accepting Rs.500/- as illegal gratification and a case at crime no.450/07, under section 7/13(1)(d) and 13(2) of Prevention of Corruption Act, P.S. Hazratganj, Lucknow was registered. The investigation was done by the police officer and the charge sheet was submitted on which the cognizance was taken by the court dealing with anti corruption case.

(3.) IT has been argued by Mr. Rakesh that prior to the alleged arrest of the applicant on 28.6.07 his services had already been terminated by the Chief Information Commissioner, U.P. This fact is evident from the order of the concerned authority as well as by the fact that the applicant was not paid salary of 28.6.07. He further argued that at the time of alleged arrest the applicant was not in the public service and so, he could not be termed as "Public Servant" and therefore, the provisions of Prevention of Corruption Act could not be made applicable upon him. It was also argued by Mr. Rakesh that the State had applied for the grant of sanction for prosecution which was refused on the ground that there was no necessity of sanction as on the date of alleged arrest the applicant was not a public servant. To the above, learned AGA contended that as all the above contentions of Mr. Rakesh can well be taken care of by the Special Judge (P.C. Act), Lucknow, hence, there can be no propriety at all for this court to allow the petition.