The Allahabad High Court has refused to furnish alleviation to a village lekhpal accused of taking bribes for issuing share certificates.
A single-judge bench of Justice Rajiv Gupta handed this order whilst listening to a utility beneath Section 482 CrPC filed via Satendra Singh.
The software underneath Section 482 CrPC has been filed through the applicant with the prayer to quash the charge-sheet dated January 10, 2021, and summoning order dated January 27, 2021, as nicely as complete lawsuits of Case (State Vs. Satendra Singh Lekhpal), springing up out of Case beneath Sections 7/13(1)(d), 13(2) of Prevention of Corruption Act, Police Station Dhaulana, District Hapur, pending in the court docket of Special Judge (Prevention of Corruption Act)/ Additional Sessions Judge, Meerut.
As per the allegations made in the FIR, it is alleged that the applicant for issuing share certificates on May 27, 2017, in the title of Ram Bhajan and Har Bhajan, had general a bribe of Rs 8,000, of which a video recording has additionally been made.
The Court found that a perusal of the report indicates that the police, after absolutely investigating the remember utilizing recording the statements of numerous witnesses, has submitted the charge-sheet in opposition to the applicant on January 10, 2021, on which, after considerate consideration, the courtroom under has taken cognizance.
The guidance for the applicant submitted that the applicant is harmless and has been falsely implicated in the case due to ulterior motives.
The tips for the applicant, in addition, submitted that before taking attention in opposition to the applicant, no preceding sanction has been taken, however, from a perusal of the record, it is evident that before taking cognizance, sanction to prosecute the applicant had been granted.
The suggestions additionally submitted that from a perusal of the allegations made in the FIR and the cloth accrued at some point of the path of investigation, no offence is disclosed towards the applicant and the case has been instituted with a malafide intention for the reason of harassment. He has pointed out sure files and statements in assist of his contention.
Additional Government Advocate submitted that from a perusal of the allegations made in the FIR and the cloth accumulated throughout the direction of the investigation, prima facie offence is truly made out towards the applicant and as such, charge-sheet, summoning order and complete lawsuits can’t be quashed.
“From a perusal of the cloth on a document and searching into the statistics of the case, at this stage, it can’t be stated that no offence is made out in opposition to the applicant. Moreover, all the submissions made at the bar relate to the disputed query of fact, which can’t be adjudicated upon utilizing the Court underneath Section 482 CrPC,” the Court observed.
“The prayer for quashing the charge-sheet, summoning order and whole lawsuits is consequently refused. The software underneath Section 482 CrPC is devoid of advantage and is for that reason dismissed,” the order reads.