- (1.) Heard the arguments advanced by Shri W.H. Khan, learned Senior Counsel assisted by Shri Javed Hussain Khan, learned counsel for the applicant and Shri Attrey Dutt Mishra, learned A.G.A. for the State of Uttar Pradesh and perused the material available on record.
(2.) This application under Section 482 of the Code of Criminal Procedure, 1973 has been moved on behalf of the applicant with a prayer to quash the entire criminal proceedings initiated against the applicant in Case No. 22 of 2016, arising out of Case Crime No. 465 of 2009 (State v. Arshad Rashid Khan), under Section 7/13(d)(ii) of Prevention of Corruption Act, 19882, as well as to quash the F.I.R. dated 19.05.2009, charge-sheet dated 20.08.2016 and summoning order dated 04.11.2016.
(3.) Submission made by learned counsel for the applicant is that the order dated 31.01.2000, which has been passed by the accused-applicant in respect of Waqf No. 102-A, Moradabad is a judicial order, therefore, the applicant would have protection of the umbrella of [The] Judges (Protection) Act, 1985 (Act No. 59 of 1985). Therefore, in case the said order was erroneous, that would not be a ground to prosecute the applicant. In this regard, he has placed reliance upon the judgment of this Court in Vijendra Pal Singh v. High Court of Judicature at Allahabad and others4, the judgment of Bombay High Court in Pravin Niwritti Sawant v. Hon'ble Shri J.B. Anandgaonkar Saheb, Ex. JMFC, Ichalkaranji and Ors.5 and the judgment of Hon'ble Apex Court in Ramesh Chander Singh v. High Court of Allahabad and Another6. ;