Court No. - 25 Case :- APPLICATION U/S 482 No. - 33675 of 2009 Petitioner :- Ved Prakash Pandey Respondent :- C.B.I. S.P.E. Ghaziabad Petitioner Counsel :- S.P.Tewari Respondent Counsel :- G.S.Hajela Hon'ble Rajesh Chandra,J.
1. Sri S.P. Tewari, learned counsel for the applicant and Sri G.S.
Hazela, learned counsel for C.B.I. is present.
2. The applicant has filed this application under section 482 of the
Code of Criminal Procedure to quash the proceedings of special
case No. 9 of 2009 (R.C. 1202008A 003 C.B.I. V/s Ved Prakash
Pandey) U/s 409 I.P.C., 13(2) R/w 13(1) (C) Prevention of
Corruption Act, C.B.I.-A.C.B. Ghaziabad pending in the court of
Special Judge Prevention of Corruption Act, Ghaziabad.
3. It has further been prayed that the proceedings of the aforesaid
case may be stayed during the pendency of this application.
4. The learned counsel for the applicant argued that the Charge
sheet has been submitted without collecting proper evidence and as
such is liable to be quashed. It has further been argued that the
lower court has summoned the applicant in a routine manner and
without applying its mind.
5.The learned AGA on the other hand argued that Charge sheet has
been filed after proper investigation and after collecting sufficient
material making out prima facie case against the applicant.
6.I have considered over the argument and also perused the papers.
In the case the material collected by the investigating officer is
sufficient to make out prima facie offence against the applicant
and since there is sufficient evidence against the accused applicant
I do not find any illegality or irregularity in the filing of the Charge
sheet or in the order of the lower court by which the applicant has
been summoned.
7. The application is therefore, dismissed.
8. However, the learned lower court is directed that after the
applicant surrenders in the court within three weeks from today his
bail application shall be disposed of in the light of the judgement
passed by 7 judges Bench of this court in Amarawati and another
Vs. State of U.P., 2005 Cr.L.J. 755 as approved by the Apex
Court in Lal Kamlendra Pratap Singh Vs. State of U.P. In
Criminal Appeal No. 538 of 2009 Supreme Court dated
23.3.2009
Order Date :- 21.1.2010
Sandeep