S. K. MUKHERJEE, J.

( 1 ) THIS is an application under section 482, Cr. P. C. by Avadh Narain Lal for quashing the order dated 24-9-1981 passed by Sri J. P. Sharma, Special Judge, Kanpur in Special Trial No. 8 of 1981.

( 2 ) THE facts of the case are that there are two accused, Avadh Narain Lal and Bans Gopal, who have been charge-sheeted by the Sub Inspector of Police of Police Station Fazalgang, Kanpur for offences under section 161, I. P. C. section 5 (2) of the Prevention of Corruption Act and section 120b, I. P. C. The applicant Avadh Narain was Amin, Sales Tax, admittedly, a public servant, and accused Bans Gopal, a Naib Tehsildar, Collection. A trap was laid in which the above two named accused were apprehended. It is further stated that the accused Avadh Narain Lal was arrested on the spot and accused Bans Gopal surrendered in court on 21-4-1980. The occurrence is dated 2-3-1980. In this case the sanction for the prosecution in respect of Bans Gopal was filed by the prosecution, and is not in dispute or controversy in the present application under section 482, Cr. P. C. In the court below an objection was raised on behalf of the applicant Avadh Narain Lal that there was no s

Click Here to Read the rest of this document