BHUPENDRA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gulab Chandra, learned counsel for the applicant and Sri Rahul Srivastava, learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings of Criminal Case No. 04 of 2018 (State of U.P. Vs. Bhupendra Pal Singh) including charge sheet dated 31.05.2018 cognizance order dated 08.06.2018 and subsequent charge sheet dated 20.04.2019 and others, arising out of Case Crime No. 1089 of 2016, under Sections 13(1) read with Section 13(2) of Prevention of Corruption Act, Police Station Baradari, District Bareilly, with a further prayer to stay further proceedings of the aforesaid case.

(3.) The submission made by the learned counsel for the applicant is that the cognizance order dated 08.06.2018 taken on the charge sheet is bad in law because the sanction to prosecute the applicant was initially given by Joint Director Education Bareilly, Division Bareilly by order dated 04.05.2018 was subsequently stayed by order dated 05.06.2018 of the same officer and despite that cognizance on the charge sheet has been taken on 08.06.2018. Secondly it was argued that the court concerned had issued a notice to the inspector who had conducted the investigation and submitted the charge sheet on 05.01.2019 directing him to give his explanation as to why charge sheet was submitted in court despite the order having been passed for re-investigation. Therefore, it was argued that even court had taken objection to filing the charge sheet on which cognizance has been taken, therefore charge sheet and the entire criminal proceedings initiated against the applicant deserves to be quashed.