LALTA PRASAD DWIVEDI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ram Naresh Yadav, the learned counsel appearing for the applicant and Sri Anurag Verma, the learned Additional Government Advocate-I and perused the record.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has challenged validity of the order dtd. 6/11/2023 passed by the Additional District and Sessions Judge/Special Judge, P. C. Act, Court No.6, Lucknow rejecting the application for discharge filed by the applicant in relation to Crime No.686 of 2018 under Sec. 7 of the Prevention of Corruption Act and Ss. 408, 120B IPC, Police Station Sarojini Nagar, Lucknow.

(3.) On 12/11/2018, an Inspector of U.P. Vigilance Establishment had filed an FIR against 3 named persons, including the applicant, describing him as 'Lalta Prasad Dwivedi, the then Assistant Commissioner Housing and Assistant Registrar' and some unnamed persons in illegal occupation of land, stating that by means of a Government Order dtd. 3/8/2015, the Vigilance, Establishment had been directed to conduct an open enquiry against co-accused L.K. Asthana, a former office bearer of Vidya Mandir Sahkari Grih Nirman Samiti Ltd. (hereinafter referred to as 'the Society'), and the report dtd. 9/5/2017 submitted in furtherance of open enquiry indicates that the accused persons managed illegal possession on 4.5 Bigha land, which had been freed by the orders passed by the Hon'ble Court. The applicant, who was the then Assistant Commissioner and Assistant Registrar, U. P. Awas Evas Vikas Parishad and Administrator/Chairman the Society, was found guilty of commission of the aforesaid offences along with two other co-accused persons, L. K. Asthana and Mahadeo Singh.