SUDHAKAR RASTOGI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA and perused the record.

(2.) The accused-applicant Sudhakar Rastogi is involved in Case Crime No. 7 of 2017 under sections 419,420,467,468,471,120-B IPC and section 12 of Passport Act and Section 7/13, Prevention of Corruption Act, 1988, Police Station ATS, District Lucknow.

(3.) Learned counsel for the applicant submits that accused applicant has falsely been implicated in this case. The accused applicant is the Assistant Passport Officer. He had no concern about issuance of Emigration Certificate not required procedure. It is further submitted that in the arrest memo even no offence is mentioned which has been committed by the accused applicant which shows that on the date of arrest, even the essential ingredients of the offence could not be made out by the prosecution. It is further submitted that there is no expert opinion which could connect the voice of applicant with Maroof recorded by the prosecution. No voice sample of the accused applicant was taken which could match the recorded version of the conversation. It is further submitted that application form for endorsement of ECNR was moved on line by the applicants. The only role of the accused applicant is that he has permitted them to be entertained as they have arrived after the prescribed time.