- (1.) This application under Section 482, Cr.P.C. has been filed for quashing the proceedings of Special Case No. 02 of 2014 arising out of case crime No. 155 of 2012 under Section 7 Prevention of Corruption Act, police station Kotwali Nagar, district Bulandshahr pending before the District and Sessions Judge, Bulandshahr and also for quashing the summoning order dated 21.1.2014 passed by the Additional District and Sessions Judge, Court No. 6 Bulandshahar, whereby the protest petition filed by opposite party No. 2 has been allowed and in pursuance thereto the applicant has been summoned.
(2.) The brief facts of the case are that a first information report was lodged by opposite party No. 2 against the applicant on the basis of application under section 156 (3) Cr.P.C. on 12.3.2012, which was registered as Case Crime No. 155 of 2012 under section 7 of the Prevention of Corruption Act PS Kotwali Nagar, district Bulandshahr with an allegation that a mutation application on behalf of one Smt. Bhavani Devi, wife of Paan Singh with respect to house No. 432 Devi Pura Ist, Bulandshahr was pending in the Tax Department of Nagar Palika Parishad, Bulandshahr, which was filed on 21.8.2009, for which it is alleged that the applicant had demanded Rs. 2,000/- as illegal gratification from the said person for mutation. The investigation of the case was carried out, and thereafter, a final report was submitted on 4.9.2012. On 24.12.2013, a protest petition was filed by opposite party No. 2, which was allowed by Additional Sessions Judge, Court No. 6, Bulandshahar vide impugned order dated 21.1.2014 and the applicant has been summoned to face trial.
(3.) Aggrieved by the same, the applicant had preferred the present 482 Cr.P.C. application for quashing of the impugned summoning order dated 21.1.2014 and proceedings of Special Case No 02 of 2014 arising out of Case Crime No. 155 of 2012, under section 7 of Prevention of Corruption Act, PS Kotwali Nagar, district Budaun and all consequential proceedings arising thereof.;