VIJAY KUMAR SACHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Yashwant Singh, learned counsel for the applicant, Sri A.K.Sand, learned A.G.A. for the State and perused the record.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No.2 of 2018, dated 9.1.2018 (State Vs. Vijay Kumar Sachan) vide S.T.No.4 of 2018, Case Crime No.138 of 2012, under Section 13(1) D and 13(2) Prevention of Corruption Act, Police Station Jahanabad, District Fatehpur, pending before the Special Judge, Prevention of Corruption Act, Varanasi.

(3.) Learned counsel for the applicant submits that the allegation against the applicant in the charge sheet is that he had spent Rs.31,66,841/- which was an excess amount from his known source of income. He further submits that the applicant has agricultural land and he earns income from the same. Moreover, father of the petitioner has 22 Bighas agricultural land in which 1/3rd land is in the name of applicant which is also the source of applicant's income. He next argued that the father of the applicant who was a Clerk in Collectorate, Fatehpur has retired from the service and after retirement he has given money time to time to the applicant and his brother, hence, the amount which has been shown as an excess amount cannot be said to have been earned by the applicant by misusing his public office. He argued that the applicant has retired from the post of Junior Engineer, Distribution Hata, 33/11 KV Manda, Allahabad on 31.12.2012 and at present his both kidneys are damaged and he is getting treatment from Regency Hospital, Kanpur Nagar and his Homodialysis is going.