BRAHAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dilip Kumar, learned Senior Counsel assisted by Sri Sudhanshu Kumar, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the Staterespondent.

(2.) The instant application has been filed by the applicant with a prayer to quash the impugned charge sheet No. 9 of 2023 dtd. 20/8/2023 as well as the entire proceeding of criminal case No. 52/1652 of 2023-State Vs. Braham Singh (arising out of case crime No. 281/2019, Police Station Kasna, District Gautam Budh Nagar), based on the impugned charge-sheet, presently pending in the Court of Additional District & Sessions Judge/Special Judge, Prevention of Corruption Act, Meerut, under Ss. 13(1)(b) r/w 13(2) of Prevention of Corruption Act 1988-Amended Act 2018 and the order dtd. 10/10/2023, passed by Additional District & Sessions Judge/Special Judge, Prevention of Corruption, Meerut by which the learned Special Judge, has taken the cognizance and issued process against the applicant, to face trial, under Sec. 13(1)b read with 13(2) Prevention of Corruption Act 1988 [Amendment Act 2018].

(3.) At the very outset, learned counsel for the applicant and learned AGA submitted that in the present matter, there is no need to call counter affidavit as entire relevant materials have already been annexed alongwith the instant application and therefore, instant application may be heard and disposed off, finally.