Court No. - 54 Case :- APPLICATION U/S 482 No. - 23047 of 2010 Petitioner :- Akhilesh Kumar Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- Govind Saran Hajela Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned AGA.
The facts of this case are interestingly sentilating where it has surfaced that
how the elected representative of the Government are misusing the power and
authority vested in them. Applicant is a nayab tehseldar and he was assaulted
by Horam Singh an M.L.A. of B.S.P., which is rulling party in the State.
Regarding the said assault, an FIR of crime no. 377 of 2007 was lodged under
Sections 353, 323, 504 I.P.C., P.S. Jewar, District G.B. Nagar.
Finding himself in hot waters neck deep, that the MLA by mounting pressure
got the said case compromised. Later on, he got the applicant implicated in an
already pending case under the Prevention of Corruption Act on the ground
that some order has been passed by the applicant to shield the accused of
Prevention of Corruption Act case. Sanction was applied for under Section 19
of the Prevention of Corruption Act which was refused vide annexure nos. 4
and 5 to this Crl. Misc. Application. In spite of fact, under the pressure of
MLA, the applicant has been summoned. Learned counsel further contended
that even if the applicant has passed an order that was under the colour of his
office and, therefore, he is protected under Section 197 Cr.P.C. as well as his
prosecution will be void in absence of sanction of State Government as well
as sanction under Section 19 of the Prevention of Corruption Act.
Since, I find that no offence under the Prevention of Corruption Act is
disclosed against the applicant, I direct learned AGA to file counter affidavit
within two weeks.
Issue notice to respondent nos. 2 and 3, who will have the same time for the
said purpose.
List this case in week commencing 16.8.2010 before the appropriate Bench.
Till the next date of listing, no coercive measure shall be taken against the
applicant in criminal case no. 8/2010 (State of U.P. Vs. Akhilesh Kumar
Gupta), under Section 7/13(1)D read with Section 13(2) of the Prevention of
Corruption Act, P.S. Jewar, District G.B. Nagar pending before Special
Corruption Act, Meerut.
Order Date :- 20.7.2010
AKG/-