The Allahabad High Court has refused to grant relief to a village lekhpal accused of taking bribes for issuing share certificate.
A single-judge bench of Justice Rajiv Gupta passed this order while hearing an application under Section 482 CrPC filed by Satendra Singh.
The application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge-sheet dated January 10, 2021 and summoning order dated January 27, 2021 as well as entire proceedings of Case (State Vs. Satendra Singh Lekhpal), arising out of Case under Sections 7/13(1)(d), 13(2) of Prevention of Corruption Act, Police Station Dhaulana, District Hapur, pending in the court of Special Judge (Prevention of Corruption Act)/ Additional Sessions Judge, Meerut.
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As per the allegations made in the FIR, it is alleged that the applicant for issuing share certificates on May 27, 2017 in the name of Ram Bhajan and Har Bhajan, had accepted a bribe of Rs 8,000, of which a video recording has also been made.
The Court observed that a perusal of the record shows that the police, after thoroughly investigating the matter by recording the statements of several witnesses, has submitted the charge-sheet against the applicant on January 10, 2021, on which, after thoughtful consideration, the court below has taken cognizance.
The counsel for the applicant submitted that the applicant is wholly innocent and has been falsely implicated in the case due to ulterior motives.
The counsel for the applicant further submitted that prior to taking cognizance against the applicant, no previous sanction has been taken, however, from perusal of the record, it is evident that prior to taking cognizance, sanction to prosecute the applicant had been granted.
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The counsel also submitted that from perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention.
Additional Government Advocate submitted that from perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, charge-sheet, summoning order and entire proceedings cannot be quashed.
“From perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. Moreover, all the submissions made at the bar relate to the disputed question of fact, which cannot be adjudicated upon by the Court under Section 482 CrPC,” the Court observed.
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“The prayer for quashing the charge-sheet, summoning order and entire proceedings is therefore refused. The application under Section 482 CrPC is devoid of merit and is accordingly dismissed,” the order reads.