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High Court Of ChhattisgarhCRMP/795/2015disposed off

Smt. Vandana Gangal @ Smt. Vandana Yogendra v. State Of Chhattisgarh

2015-09-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 795 of 2015 Smt. Vandana Gangal @ Smt. Vandana Yogendra W/o Shri Yogendra Gupta, Aged About 45 Years Block Development Officer, Block Patan, District Durg, Presently Posted At Janpad Panchayat Gwalior, Madhya Pradesh, Resident of 292 Jivaji Nagar, Hatipur, Gwalior, Madhya Pradesh ---- Petitioner

Versus

State Of Chhattisgarh Through Anti - Corruption Bureau, Raipur, District Raipur, Chhattisgarh ---- Respondent For Petitioner - Shri Amrito Das, Advocate.

For Respondent/State - Miss. Farah Minhaj, PL. Hon'ble Shri Justice Goutam Bhaduri Order 7/09/2015 1.

This instant petition under Section 482 of Cr.P.C. is to quash the FIR registered against the petitioner bearing Crime No.11/2000 and the criminal case bearing number Special Case No.07/2004 pending before the Special Judge (PC Act) and Session Judge, Durg. 2.

Learned counsel for the petitioner submits that petitioner was not responsible for the work but she has been inculpated in this case. Prima facie case against the petitioner is not made out. He went through the record, statement and would submit that in view of this since primary liability was not on the petitioner, consequently, prima facie case is not made out against the petitioner. It is further submitted that charge sheet in this case was filed on 2/11/2004. However, till date it is not been decided and petitioner already stands convicted without the trial. 3.

Having regard to the fact without going into merits of this case and without making any observation on merits, considering the pendency of

this case which is pending since 2/11/2004, it is directed that Special Case No.07/2004 pending before the Special Judge (PC Act) and Session Judge, Durg shall be decided within a further period of 1 1⁄2 years from the date of receipt of this order. In case of need, the presence of the prosecution witnesses may be procured by coercive method as provided under Cr.P.C.

4.

With such observation, petition stands disposed of at this stage. Sd/- (Goutam Bhaduri) JUDGE gouri