High Court Of ChhattisgarhMCRCA/386/2017withdrawn

Rajesh Kumar Verma v. State Of Chhattisgarh

2017-07-07Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 386 of 2017 Rajesh Kumar Verma S/o Late Shri N.P. Verma, Aged About 53 Years R/o R-7/9, Ramavally Colony, Police Station Chakarbhata, Bilaspur, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through State Economic Offence Investigation And Anti Corruption Bureau, Raipur, Chhattisgarh. ---- Respondent For applicant Mr. Arun Kochar, Adv.

For Respondent/State Mr. Neeraj Jain, GA.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 7-71. At the outset, learned counsel for the applicant submits that Crime No. 44/2015 under Sections 467, 468, 471, 120-B of the Indian Penal Code, 1860 and Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 has been registered in the PS duly authorized for taking cognizance regarding SBI for EO and Anti Corruption Bureau, Raipur CG. After investigation police has filed charge sheet against the applicant which is pending before the 1st Additional Sessions Judge/Special judge, under the Prevention of Corruption Act, 1988, Raipur showing the applicant as absconding under Section 299 of the Cr.P.C., 1973 and the trial Court has issued non-bailable warrant of arrest against the applicant. He further submits that the applicant intends to surrender before the trial Court and to file an application under Section 439 of the Cr.P.C., 1973. The Court below be directed to hear and dispose of the same as expeditiously as possible

preferably on the same day. Hence instant MCRCA may be disposed of accordingly.

2. Instant MCRCA is disposed of as withdrawn without appreciation on merit. It is directed that in case the applicant informs the trial Court for his surrender in the said Court 3 days prior and thereafter if he surrenders before the concerned trial Court and files an application under Section 439 of the Cr.P.C., the same be disposed of on its merit in accordance with law on the same day as for as possible after hearing the parties and to act further in accordance with law.

3. Instant MCRCA is accordingly disposed of.

4. Registrar (Judicial) is directed to send a copy of the order to the Court below through usual and fax mode. Parties may also submit certified copy of the order to the court below for compliance.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak