Disposed

Sangam Singh Rathore and 7 Others v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Allahabad HC16 Dec 2024A482/10717/2024

Case brief

AI extract

What is this about?

In a Section 482 CrPC application to quash multiple FIRs under the Prevention of Corruption Act and IPC, the court, after admission from respondents that applicants are not bank employees or public servants, listed the matter for further hearing and stayed coercive steps.

What did the court decide?

Stay of coercive steps against applicants until next listing date. Application not allowed or dismissed at this stage.

Sangam Singh Rathore and 7 Others vs State of U.P. Thru. Prin… — Corruption | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 10717 of 2024

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Applicant :- Sangam Singh Rathore And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 6 Others Counsel for Applicant :- Bireshwar Nath,Ravindra Kumar Singh Raj Counsel for Opposite Party :- G.A.,Neerav Chitravanshi,Sanjeev Kumar Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for the Sahkari Gramin Vikas Bank.

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In pursuance of the earlier order dated 11.12.2024, Mr. Bal Krishna Shukla, Inspector, CBCID, Lucknow is present before this Court.

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The present application has been filed with the following prayer :

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"to quash the impugned first information report No. 54/98 dated 10.06.1998 lodged as case crime no. 140/98 U/S 420/406 I.P.C P.S. Jagatpur District Raebareli and F.I.R. No. 15/04 dated 31.01.2004 lodged as case crime no. 14/04 U/S 409, 420, 467, 468, 471, 120B I.P.C. and section 13 of Prevention of Corruption Act, P.S. Dalmau, District Raebareli, and the F.I.R. No. 17/2004 dated 03.02.2004 lodged at case crime no. 14/1/2004 to 14/54/2004 U/S 409, 420, 467, 468, 471, 120B I.P.C. and section 13 of Prevention of Corruption Act, P.S. Dalmau, District Raebareli and the charge sheet submitted in original case no. 9/2007 to 57/2007 State Vs. Sangam Singh and others in case crime no. 14/2004 and crime no. 14/1/2004 to 14/54/2004, P.S. Dalmau, District Raebareli and crime no. 140/98 State Vs. Sangam Singh.”

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Learned counsel for the applicants submits that no such evidence is found against the applicants for making out the alleged offences. It is vehemently submitted that applicants are not employee of the Sahkari Bank, even then, the charge sheet has been filed for the offences under Sections 409, 420, 467, 468, 471, 120-B I.P.C. and Section 13 of P.C. Act. It is also submitted that the applicants are not covered under Section 21 of the Indian Penal Code and, therefore, indulgence of this Court is necessary.

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Learned A.G.A. as well as learned counsel appearing for the Sahkari Gramin Vikas Bank vehemently oppose the prayer of the applicants and submit that sufficient evidences have been collected against the applicants. It is also submitted that the charge sheet has also been submitted 17 years ago. However, they do not dispute the fact that the applicants were not the employee of the Bank in question.

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Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A., learned counsel appearing for the Sahkari Gramin Vikas Bank and going through the contents of the application as well as other relevant documents, it is admitted by the respondents that neither the applicants are the employee of the Bank nor they are public servant. In such circumstances, the applicants do not come into the category of the public servant.

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In view of above, the matter requires consideration.

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List this case in the month of February, 2025.

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In the meantime, counter affidavits may be filed by the opposite parties.

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Till the next date of listing, no coercive steps shall be taken against the applicants.

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The Officer present today need not to appear on future dates, unless ordered otherwise.

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Order Date :- 16.12.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sangam Singh Rathore and 7 Others v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

Case brief

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Sangam Singh Rathore and 7 Others v. State of U.P. Thru. Prin. Secy. Home Lko and 6 Others

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