PRABHAT KUMAR SINHA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) INSTANT criminal revision has been preferred against the judgment and order dated 07.06.2011 passed by the Special Judge, Anti Corruption (West), U.P., Lucknow in Case No.9 of 2009 arising out of Crime No.RC (S)/03/SCB -I/DLI, under Sections 120 -B r/w 409 IPC and Section 8 and 13 (2) read with 13 (1) (a) (d) Prevention of Corruption Act, 1988, (State Vs. Raj Gopal Singh Verma and others). By the impugned order the trial court rejected the application for discharge of the revisionist which is under challenge in the instant revision.

(2.) HEARD Sri P. Chakravarty, learned counsel for the revisionist and Sri Bireshwar Nath, learned counsel for the CBI and perused the material available on record.

(3.) IT is submitted that another co -accused Mahesh Kumar Gupta has moved a separate application for his discharge and by order of the same date, passed on his application, the same was rejected. Feeling aggrieved thereby, Criminal Miscellaneous Case No.2826 of 2011 was preferred by him and a co -ordinate Bench of this Court vide order dated 21.12.2011 has allowed the application and quashed the proceedings against Mahesh Kumar Gupta. It is submitted that the allegation of CBI was that the present revisionist handed over the money to said Mahesh Kumar Gupta. This Court found no sufficient evidence against Mahesh Kumar Gupta, and accordingly proceedings against him were quashed. So he should also get the benefit of the said order.