- (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 30.6.2011 submitted before the the Special Judge (Anti Corruption), Meerut, in Case Crime No. 80 of 2011, Police Station Rabupura, District Gautam Budh Nagar, registered as Case No. 12 of 2011, State Vs. Veer Sen Singh Chauhan and another, u/s 7/13(1)D read with section 13(2) of Prevention of Corruption Act, and u/s 467, 468, 471, 120B/34 I.P.C.
(3.) The contention of the learned counsel for the applicant is that the applicant was posted as Incharge Inspector at Police Station Rabupura, District Gautam Budh Nagar, at the relevant point of time. A complaint was made by one Zuber Khan to G. S. Chauhan, Incharge Inspector in the office of Chief Anti Corruption Organization, Meerut, against V. S. Chauhan, who was posted as Inspector, Police Station Rabupura, District Gautam Budh Nagar, who had arrested two persons namely Sajid and Rashid on 20.4.2011 and had apprehended their mobile phones. It is further contended that V. S. Chauhan had demanded an illegal gratification of Rs. 15,000/- for return of their mobile phones. Consequently, a raid team was prepared and V. S. Chauhan was arrested while taking money from Zuber Khan for which proceedings were launched against him and the applicant. It further contended that V. S. Chauhan, who was apprehended did not name the applicant in the commission of the alleged offence. It is further contended that the allegation against the applicant is that he had told Zuber Khan to meet V. S. Chauhan. It is further contended that without there being any material on the record to show the complicity of the applicant in the commission of the offence nor any recovery of any currency note was made from the applicant nor there was allegation of demanding illegal gratification against the applicant and inspite of these facts the applicant has been implicated in the case by filing the charge sheet. It is further submitted that before initiating proceeding against the applicant no sanction under section 197 Cr.P. C. has been taken.;