Disposed

Balram Tiwari @ Shiv Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. in the Deptt. of Home and Another

Allahabad HC20 Jul 2022/1594/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. petition, the applicant sought quashing of orders taking cognizance of corruption charges. The court found sufficient evidence existed but disposed of the petition granting a 15-day window to file a discharge application.

What did the court decide?

Petition disposed with liberty to file a discharge application within 15 days; trial court directed to decide within 30 days without insisting on applicant's appearance for 45 days.

Balram Tiwari @ Shiv Kumar Tiwari Vs State of U.P Thru. Addl… — Corruption | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- APPLICATION U/S 482 No. - 1594 of 2022

¶3

Applicant :- Balram Tiwari @ Shiv Kumar Tiwari Opposite Party :- State Of U.P Thru. Addl. Chief Secy. In The Deptt. Of Home And Another Counsel for Applicant :- Dharm Raj Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

Heard Sri Dharm Raj Mishra, learned counsel for the petitioner and learned A.G.A. for the Staterespondent.

¶6

Present petition under section 482 Cr.P.C. has been filed seeking quashing of the orders dated 09-09-2021 and 17-11-2021, passed by the learned Additional District Judge/Special Judge, (P.C. Act)Gorakhpur by which cognizance has been taken on the chargesheet filed by the Investigating OfÏcer, under sections 409, 419, 420, 467, 468, 471 and 120-B I.P.C. readwith Section 8/13 of the Prevention of Corruption Act in pursuance of Case Crime No. 216 of 2021, Police Station-Itiyathok, District-Gonda and the chargesheet filed on 06-092021.

¶7

This court does not find that there is any ground to interfere with the ongoing proceedings inasmuch as the Investigating OfÏcer has collected enough evidence in support of a prima-facie case against the petitioner and the others.

¶8

However, considering the submissions of learned counsel for the petitioner, present petition is disposed of with liberty to the petitioner to file a discharge application before the trial court within a period of 15 days from today.

¶9

If such a discharge application is filed, the trial court should decide the said discharge application within a period of thirty days from the date of its filing. The trial court should consider the evidence brought on record to find out whether evidence/material collected during the course of investigation would arise strong suspension against the accused/petitioner for commission of the offence or not.

¶10

For a period of 45 days from today, petitioner's appearance shall not be insisted upon by the learned trial court and application for discharge may be decided through the assistance of the counsel for the accused-petitioner and the public prosecutor.

¶11

Order Date :- 20.7.2022

¶12

AKS

¶13

Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.07.21 09:52:35 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Balram Tiwari @ Shiv Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. in the Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

Balram Tiwari @ Shiv Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. in the Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukhtar Ansari Vs State of U.P. Thru. Prin. Secy. Home Lko.

Ashish Yadav and 2 Others Vs State of U.P. Thru. Secy.Deptt. of Home and Another

Mohammad Akib Khan Vs State of U.P. Thru. Secy. Home and Another

Sunil Kumar @ Sunil Goswami Vs State of U.P. Thru Secy Home Deptt Lko and Anr.

Ram Newal Yadav Vs the State of U.P and Anr.

State of U.P. Vs Mohammad Zahid