BHARAT PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) Heard Dr. Salil Kumar Srivastava, learned Counsel for the Petitioner and Mr. M.P. Singh, learned Government Advocate.

(2.) The Petitioner has challenged the proceedings of case No. 17 of 1999 arising out of Case Crime No. 581 of 1997 pending before the court of Special Judge ( Prevention and Corruption Act), Lucknow as also the order dated 3rd of March 2005 passed therein, rejecting the application, being application No. A-15, dated 6th of July, 2004 presented on behalf of the State Government under Section 321 of the Code of Criminal Procedure for withdrawal of the case pursuant to the First Information Report registered against the Petitioner under Section 13(1) (E), 13 (1) (D) and 13(2) of the Anti Corruption Act, the matter is investigated and charge-sheet was filed against the Petitioner. The State Government on the basis of the investigation report also sanctioned the prosecution against the Petitioner by means of order dated 12th of January, 1999 on the strength of charge-sheet. Thereafter, the learned Magistrate took cognizance and proceeded with the case for trial.

(3.) Upon perusal of the record, it appears that the Vigilance Department re-examined the matter and recommended to the State Government to review its decision. The Government reviewed the same and found that though the agricultural income of Smt. Geeta Singh wife of the Petitioner was indicated in the description of income and expenses, but the same was not added in the income of the Petitioner. Had it been added in the Petitioner's income, definitely, the Petitioner's income would have more than his expenses as shown in the chart. The said agricultural income is shown as Rs. 47,40,200/-.