Court No. - 54 Case :- APPLICATION U/S 482 No. - 9071 of 2010 Petitioner :- Ahibaran Singh And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Yogendra Yadav Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed by the applicant with a prayer to quash the
order dated 04.11.2009 passed by the Special Judge, Anti Corruption, Meerut
in Criminal Case No. 24 of 2009, under Section 409, 420, 467, 468, 471
I.P.C. and Section 13(1) (D) read with Section 13(2) of the Prevention of
Corruption Act, Police Station-Eka, District-Firozabad.
It is contended by the learned counsel for the applicant that Ramveer Singh
M.L.A. (Member of the Legislative Assembly) from Jasrana constituency,
Firozabad and he contested the election against the complainant, Ram Prakash
Yadav (Now M.L.A.) in the year 2007 in which he lost the election, the
complainant Ram Prakash Yadav declared elected. Due to political rivalry he
made a complaint after four years of the alleged incident. He is supporting
member of the ruling party in Uttar Pradesh therefore, without proper
investigation charge sheet has been submitted against the applicant formerly
member of Ramveer Singh former M.L.A., therefore, the proceedings of the
above mentioned case may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A. that
such pleas may be taken before the court concerned by way of moving
discharge application.
Considering the facts, circumstances of the case and submission made by the
learned counsel for the applicant and the learned A.G.A. it is directed that in
case the applicant moves a discharge application before the court concerned,
through their counsel within 30 days from today, the same shall be heard and
disposed of expeditiously in accordance with the provisions of law.
Till the disposal of the discharged application bailable warrant/N.B.W., if any,
issued against the applicant shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 2.4.2010
Sharad