PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant petition under Section 482 Cr.P.C. has been filed by the applicant - Pratap Singh with a prayer to quash the charge sheet dated 30.6.2020 and the congnizance taking order dated 21.7.2020 as well as all the proceedings of Criminal Case No.13/2020 (State v. Ram Naresh Singh Tomar and others), under Sections 120B, 409, 420,468,471 I.P.C. and Section 13(2) r/w 13(1)(c) and (d) of Prevention of Corruption Act, 1988, P.S. ACB/CBI/Lucknow, pending in the court of Special Judge Anti Corruption CBI, Court No.5, Lucknow, so far as the proceedings relate to the applicant.

(2.) Heard Sri Dhirendra Singh Panwar, learned counsel for applicant, Sri Anurag Kumar Singh, learned counsel for Central Bureau of Investigation and perused the record.

(3.) Brief facts giving rise to this case as unfolds from the documents available on record are that an FIR was lodged by one B.M.Pandey, Inspector, Khadya Prakoshth, Indira Bhawan, Lucknow, registered as Case Crime No.603/2005, under Sections 120-B, 409,420,466,467,468,471 IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, P.S.Kotwali Sadar, District Lakhimpur Kheri against Than Singh and others. On the matter being transferred to CBI/ACB/Lucknow on 31.10.2008 and after investigation, charge sheet under Sections 120-B,409,420,468,471 IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, was filed against the instant applicant and other co-accused persons in above penal sections.