GANESH SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Akhilesh Srivastava and Shri Saksham Srivastava, learned counsels for the applicant and learned A.GA. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dated 24.1.2019 passed by Additional Sessions Judge, Prevention of Corruption Act, Court No. 2, Meerut, in Case No. 236 of 2016 (State of U.P. v. Ganesh Sharma and others), arising out of Case Crime No. 471 of 2015, under Sections 323/34, 324/34, 332/34, 353/34, 427/34, 504, 506 I.P.C. and Section 12 of Prevention of Corruption Act, Police Station-Civil Lines, District-Aligarh.

(3.) The brief facts of the case are that a written report was given to Police Station - Civil Lines, District Aligarh, on (30.7.2015)1 by the opposite party No. 2, Achchhey Lal Gupta, Additional Chief Judicial, Magistrate, Court No. 7, Aligarh, alleging that on (30.7.2015)1 at 21:20 hours when during the mid-day recess on (30.7.2015) Correction as per Correction Application No. 6126 of 2019 dated. 14.3.2019, he was perusing the case files, the applicant, Ganesh Sharma, Advocate, came to his chamber and placed one envelope beneath of mattress on his bed and requested for granting bail to accused, Rahul. He told the applicant to take envelope and the order shall be passed in accordance with law. The applicant picked up the envelope and left the chamber of opposite party No. 2. After 15-20 minutes, the applicant accompanied by Jagdish Saraswat, Advocate/President of Aligarh, Bar Association and Pradeep Kumar Singh, Senior Advocate and former Chairman, came to his chamber and started pressuring him for grant of bail to aforesaid accused. Pradeep Kumar Singh said that it is request as well as the order that the bail should be granted to Rahul. The opposite party No. 2 did not replied to him and while he was going to the Court room at about 14:00 hours, all the three persons came and repeated that it was their order that Rahul should be enlarged on bail. When the opposite party told them, the order would be passed as per law, Pradeep Kumar Singh caught hold of the collar of opposite party No. 2 and used filthy and abusive language against him and made a blow on his face. His spectacle was broken and the three accused persons caught him by his neck and hand, dragged him to his chambers and caused injuries to him on finger and palm. They tore his Collar Band.