Disposed

Virendra Kumar Dixit v. State of U.P. and Another

Allahabad HC14 Feb 2023A482/5397/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application for quashing proceedings. It granted liberty to the applicant to surrender within ten days to the trial court and apply for bail on submitting a personal bond and two sureties, considering the 30-year lapse in the offense.

What did the court decide?

Petition disposed of with liberty to surrender within ten days and apply for bail subject to trial court conditions after submitting bond and sureties.

Virendra Kumar Dixit Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 5397 of 2023

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Applicant :- Virendra Kumar Dixit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the accused-applicant as well as learned AGA and perused record.

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The present application under Section 482 Cr.P.C. has been filed seeking quashing the charge sheet dated 29.11.2019 along with cognizance order dated 11.01.2019 passed by Special Judge (Prevention of Corruption Act) Ist, Bareilly in Special Case No. 1 of 2020 (State Vs. Virendra Kumar Dixit) as well as entire proceedings of the aforesaid case, arising out of Case Crime No. 557 of 2001, under Section 120B I.P.C. and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, Police Station Kotwali, District Bareilly, pending in the court of Special Judge (Anti Corruption Act) Court No. 1, Bareilly; and staying the further proceedings of the aforesaid case.

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The accused applicant was posted as Up Nagar Adhikari. The allegation against the accused applicant is that he had given the government land on rent/lease to private individuals almost free or much below the prevalent rates. The offence allegedly took place in the year 1993.

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Learned counsel for the accused applicant submits that he is the only person who has been charge-sheeted whereas neither the Chief Executive Officer nor anyone else has been charge-sheeted. Learned counsel for the accused applicant submits that the accused

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is ready to face the trial. However, non bailable warrants have been issued against him and the process under Section 82 Cr.P.C. has also been undertaken.

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Sri J.P.S. Chauhan, learned Additional Government Advocate, however, submitted that the investigation is still on against other accused and the evidence against them has been collected and sanction for their prosecution has also been granted.

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Considering the fact and taking into account that the offence is of the year 1993 whereas we are in 2023 i.e. almost 30 years have elapsed from the date of occurrence and when the accused applicant is ready to face the trial, the petition is disposed of with liberty to the petitioner to surrender before the trial court within a period of ten days and apply for bail.

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In case the applicant surrenders before the trial court within the aforesaid period and submits personal bond and two sureties to the satisfaction of the trial court, he shall be admitted on bail subject to conditions as the trial court may put while enlarging the applicant on bail.

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With the said liberty and direction, the present petition stands finally disposed of.

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Order Date :- 14.2.2023 Arun K. Singh

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Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad

Virendra Kumar Dixit v. State of U.P. and Another

Case brief

What is this about?

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Virendra Kumar Dixit v. State of U.P. and Another

Case brief

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