RAJENDRA KUMAR BAJPAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Present petition under Section 482 CrPC has been filed challenging the order dated 28.5.2008 and 19.12.2008 passed by the Special Judge (Prevention of Corruption Act), Lucknow in Criminal Case No.9/1999, arising out of the charge sheet filed against the petitioner under section 392 IPC read with section 7/13 of the Prevention of Corruption Act, 1988.

(2.) A prayer has also been made by the petitioner to stay the proceedings in the aforesaid criminal case under Section 7/13 Prevention of Corruption Act for the reason that according to the learned counsel for the petitioner there is no sanction for prosecution on record as a result in terms of the provisions under section 19(1) of the Prevention of Corruption Act trial could not proceed.

(3.) The facts of the case are that an FIR was lodged on 28.7.1999 at case crime no.1079/1999, under Section 392 IPC and Section 7/13 of Prevention of Corruption Act, Police Station GRP, Charbagh Railway Station.