- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 9.9.202014 passed by Special Judge/Addl. Sessions Judge, Court No. 01, Aligarh in Case No. 100 of 2011, (State Vs. Sher Singh and another) arising out of case crime no. 176 of 2011, under Section 7/13 Prevention of Corruption Act, P.S. Gandhi Park, District Aligarh and to quash the charge dated 25.11.2014 framed against the applicant under Section 7/13 of Prevention of Corruption Act in the aforesaid case and also to quash entire proceeding of aforesaid case.
(2.) Brief facts giving rise to the present case are as under: (I) That on 18.3.2011 one Shri Raj Kumar Sharma, retired Additional District Judge, gave an application to S.S.P., Aligarh with the allegations that his son owns an agency in the name and style of "Raj Kiran Indane Gas Service" of Indian Oil Corporation at Sasni Gate, Aligarh. The gas agency has hired hawkers for supply of gas cylinders. On 17.3.2011 in the noon Shri Megh Singh, Raj Kumar and Sunil, the employees of agency, had gone by tempo to supply the cylinders in the area of Ramlila ground and when they were returning, then they were intercepted by two police personnel who demanded cylinders. When the employees refused to oblige them, then those constables seized the tempo along with the cylinders and called Sub-Inspector Sher Singh of P.S. Gandhi Nagar and after levelling false charge of re-filling the cylinders, they were brought to the Police Station along with tempo and cylinders. All the three employees were also detained in the Police Station. On coming to know about this, complainant reached the Police Station and told Sub-Inspector Sher Singh to desist from making false challan and harassing the employees and to release the tempo but Sub-Inspector Sher Singh did not release the tempo and employees. At about 03:00 P.M. one Kailash, an employee of gas agency, came to the Police Station along with Dalchand and they talked to Constable Durgesh and S.I. Sher Singh and paid Rs.30,000/- to constable in the presence of Sub-Inspector Sher Singh. After taking the illegal money S.I. Sher Singh released the tempo, cylinders and the employees of the gas agency. Since the employees of the gas agency are poor labourers and bribe of Rs.30,000/- has been taken from them and they have been victimized and were detained without any offence and therefore, Rs.30,000/- be got returned to the hawkers and action be taken against the culprits. (II) On the basis of the order passed by S.S.P. Aligarh, on the application of complainant, case crime no. 176 of 2011, under Section 7/13 Prevention of Corruption Act was registered at P.S. Gandhi Nagar, Aligarh on 18.3.2011 against the accused Sub-Inspector Sher Singh and Constable Durgesh. (III) The investigation of the case was entrusted to Circle Officer (II) Aligarh, who after completion of the investigation submitted final report on 1.4.2011 which was registered as Misc. Case No. 01/2011. (IV) Thereafter, complainant Raj Kumar Sharma filed protest petition against the final report and after hearing the parties, the Sessions Judge, Aligarh rejected the final report and took cognizance of the offence under Section 7/13 Prevention of Corruption Act and summoned the applicant-accused Sub-Inspector Sher Singh and co-accused Constable Durgesh to fact the trial for the said offences vide order dated 20.05.2011. (V) Aggrieved by summoning order dated 20.05.2011 passed by the Sessions Judge, Aligarh, the applicant filed Criminal Misc. Application No. 19552 of 2011, Sher Singh Vs. State of U.P. and another, which was disposed of by this Court on 22.09.2011 with the observations that applicant has to move an application before the trial Court under Section 19(4) of Prevention of Corruption Act which may be considered and disposed of as expeditiously as possible by the Special Judge in accordance with law. (VI) Thereafter, applicant moved an application in compliance of the said order of this Court, on 30.01.2012 in the trial Court under Section 227 Cr.P.C. to discharge him for want of prosecution sanction as required under Section 19 of Prevention of Corruption Act, which was dismissed by the Special Judge/Additional Sessions Judge, Court No. 1, Aligarh on 09.09.2014 and thereafter, charge was framed against the accused-applicant and co-accused Durgesh on 25.11.2014 under Section 7/13 Prevention of Corruption Act and the fixed date for evidence. (VII) That since sanction for prosecution has not been obtained as required under Section 19(1) of the Prevention of Corruption Act therefore, taking cognizance of the offence and framing of charge and proceedings is illegal and void-ab-initio and continuance of the proceedings are sheer abuse of the process of law.
(3.) Counter affidavit has been filed by learned A.G.A. taken on record.;