SHARDA PRASAD DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) THE facts, relating to this application under section 482 Cr.P.C. are that the applicant was a Station House Officer, Police Station Ate District Jalaun at Orai. On 19.1.1981, he arrested two brothers Mohan and Santosh, allegedly carrying 5 Kgs. Silver and some Arms and Ammunition which he recovered and on the basis of this recovery instituted case Crime Nos. 21 of 1981 and 22 of 1981 under section 25 Arms Act and section 411 IPC against them.

(2.) ON a complaint made by the fa ­ther of these two accused that the applicant has falsely implicated them, the silver, the Station House Officer recovered was not 5 kg. but 39 Kg. Superintendent of Police of the district on 4.3.1981 got a criminal case Crime No. 23 of 1981 under sections 467, 218,192, 342 and 161 I.P.C. and section 5/2 of Prevention of Corruption Act. registered against the applicant at Police Station Konch.

(3.) WHILE , on the other hand, Police filed a charge -sheet against the applicant on 30.3.1984 in the Court of Special Judge, E.G. Act, Oral, in which, the judge framed the charges on 24.4.2007. Subsequent to it, the case was transferred for Trial to Ante Corruption Judge, Lucknow, thereafter again to District Judge, Jalaun.