BARKAT ALI ZAIDI,J. - (1.) IN these proceedings under Section 482 Cr.P.C. filed by Prem Chand Sharma, who was a Sub -Inspector and was posted as S.H.O. P.S. Naubasta, Kanpur Nagar and has been suspended the allegation is that his suspension was mala fide and was occasioned because of political influence in the case of Ved Prakash Gupta. However, the relief sought is not about his suspension and the relief sought is that the charge - sheet filed against him be quashed.
(2.) I have heard Sri Shiv Autar Sharma, Advocate for the applicant and Sri Patanjali Mishra, learned A.G.A. for the Opp. party No. 1, State. The case was that Ved Prakash Gupta agreed to purchase some golden coins from two persons and he came to Kanpur from Bindki, Fatehpur on the appointed place, which was a road intersection in Kanpur. The said two persons Gajendra Singh and Pappu alongwith their cohorts ran away with rupees one lack, which he had brought In his bag, without giving him the Golden coins and only 1 -2 gold coins were shown to him and in the bag, there were iron rings. The said Ved Prakash Gupta and some other people alongwith the police ran behind the culprits and they were apprehended with the money bag. F.I.R. was thereafter, filed the next day, on 2 -5 -2002 at 20.10 and money bag was deposited in the police station Naubasta, District Kanpur Nagar.
(3.) THE allegation of the applicant is that pressure was exerted on him by the higher police officers for ruturn of the amount to said Ved Prakash Gupta but he did not do so because the said money was case property. Subsequently, the application of Ved Prakash Gupta filed earlier for return of money in the Court of III A.C.M.M. Kanpur Nagar was also rejected by the Court. Since the police High ups became annoyed a false case was foisted of the same occurrence against the applicant and other police officials by filing the second F.I.R. on 7 -5 -2002 after five day of the first F.I.R. in which various allegations were made against the applicant. The matter was, thereafter, investigated after both case crimes were amalgamated, and the Station Officer of Police Station Govindpuri filed a charge -sheet against the applicant, under Section 342 and 218 I.P.C. being case Crime No. 381 of 2002 which is presently pending in the Court of II C.M.M. Kanpur Nagar.;