Friday, September 22, 2023

Allahabad High Court dismisses petition seeking quash of FIR against Azamgarh assistant commissioner

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The Assistant Commissioner/Assistant Registrar Cooperative, accused of taking bribe from the Allahabad High Court, did not get relief.

The Court has dismissed the petition seeking quashing of the FIR registered against the Assistant Commissioner at the Kotwali police station in Azamgarh.

A single bench of justice Dinesh Kumar Singh passed this order while hearing an application under Section 482 filed by Rajendra Prakash.

The petition under Section 482 Cr.P.C has been filed seeking quashing of the cognizance order dated 6.9.2018 and the entire proceedings of Case, arising out of Case under Section 7/13(1)D read with Section 13( 2) of Prevention of Corruption Act, Police Station Kotwali Azamgarh, District Azamgarh, pending in the court of Special Judge (PC Act), Gorakhpur.

An FIR at Case came to be registered at Police Station Kotwali Azamgarh, District Azamgarh, under Section 7/13(1)D read with Section 13(2) of Prevention of Corruption Act.

The petitioner was posted as Assistant Commissioner/Assistant Registrar (Cooperative) of Azamgarh Division.

He was apprehended while demanding and accepting Rs 50,000/- from the complainant for giving promotion to the complainant from Class-IV to Class-III post.

It is said that the complainant was already promoted, but the petitioner stayed the promotion order and demanded Rs 1,00,000/- from him.

Finally, the bribe amount was fixed at Rs 50,000/- and, on the basis of the complaint given by the complainant, a trap team was constituted, which apprehended the petitioner demanding and accepting Rs 50,000/- from the complainant. Charge sheet has already been filed in the case.

“Considering the allegations and the evidence available against the petitioner, the Court does not find any ground to exercise its jurisdiction under Section 482 Cr.P.C to quash the ongoing proceedings.”, the Court observed while dismissing the petition.

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