The Allahabad High Court has stayed the ongoing criminal proceedings against Sanjay Tyagi, a senior clerk at the District Minority Welfare Officer, who is accused of the 13-year-old Meerut madrasa scholarship scam.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing an application under section 482 filed by Sanjay Tyagi.
The application under Section 482 Cr.P.C has been filed by the applicant with a prayer to quash the charge-sheet dated 13.01.2023 arising out of cognizance order dated 31.01.2023 and proceedings of Sessions Trial under Sections 409, 420, 467, 468, 471, 120B I.P.C and Section 13(1)C Prevention of Corruption Act, Police Station Lisadi Gate, District Meerut pending in the court of Additional Sessions Judge / Special Judge, (P.C Act), Meerut.
The main substratum of argument of the counsel for the applicant is that at the relevant point of time, applicant was a clerk in the office of District Minority Welfare Officer, Meerut. Earlier on two occasions, departmental proceedings were initiated against the applicant and the same were dropped.
In this regard, a detailed report has been submitted to the Commissioner but he, vide order dated 21.01.2020, directed to take steps for prosecution of the applicant and accordingly, a consequential order dated 28.01.2020 was passed by District Development Officer, Meerut granting sanction for prosecution of the applicant.
Both the above mentioned orders dated 21.01.2020 and 28.01.2020 were challenged by the applicant in Writ, in which the effect and operation of the order dated 21.01.2020 and consequential order dated 28.01.2020 has been stayed by the Writ Court vide order dated 05.03.2020.
It is also argued that the said interim order dated 05.03.2020 is still operative and the said order was communicated by the applicant to all the officers concerned vide letter dated 13.03.2020 through registered post.
On the strength of aforesaid submissions, it is argued that despite the stay order dated 05.03.2020 of the Court, the investigating officer has submitted a charge-sheet dated 13.01.2023 against the applicant, hence, further proceedings pursuant thereto is not sustainable.
Prima-facie, matter requires consideration, the Court observed.
The Court granted four weeks’ time to file counter affidavit for the opposite parties and two weeks time to file rejoinder affidavit.
Until further order of the Court, further proceedings of the aforesaid case against the applicant shall remain stayed, the Court ordered.
The Court has fixed the next hearing of the petition on 02.07.2024