RAJENDRA PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rahul Mishra, learned Counsel for the applicant and learned A.G.A. for the State of U.P. and perused the record.

(2.) THIS application has been filed with a prayer to quash the charge-sheet dated 31.5.2007 under sections 466, 467, 468, 471, 409, 120-B I.P.C. and section 13(2) read with section 13(1) C.D. of Prevention of Corruption Act, 1988 in Case Crime No. 115 of 1998, P.S. Kotwali Nagar, District Gonda pending in the Court of learned Special Judge, Corruption Act, Gorakhpur vide S.T. No. 4 of 2008.

(3.) IN reply of the above contention it is submitted by learned A.G.A. that in the present case the preliminary enquiry has been done on the basis of the complaint received by the Government. IN prelimi nary enquiry it was found that applicant and other co-accused persons have com mitted the alleged offence thereafter the FIR has been lodged. The matter was prop erly investigated, during investigation the cogent evidence has been collected by the I.O. disclosing the commission of the of fence. Thereafter the charge-sheet dated 31.5.2007 has been submitted in the Court of learned Special Judge Anti Corruption, Gorakhpur who took the cognizance on 2.2.2008. During investigation the proper sanction has also been obtained. There is no illegality in the sanction also, only delay in submitting the charge-sheet is not a proper ground for quashing the charge-sheet. The application filed by the applicant is devoid of merits and the same may be dismissed.