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2020 Supreme(All) 1238

DINESH KUMAR SINGH I
Arshad Rashid Khan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Javed Husain Khan, Gulrez Khan and W.H. Khan
For the Respondents: G.A.

JUDGMENT :

Dinesh Kumar Singh-I, J.

1. Heard the arguments advanced by Shri W.H. Khan, learned Senior Counsel assisted by Shri Javed Hussain Khan, learned counsel for the applicant and Shri Attrey Dutt Mishra, learned A.G.A. for the State of Uttar Pradesh and perused the material available on record.

2. This application under Section 482 of the Code of Criminal Procedure, 19731 has been moved on behalf of the applicant with a prayer to quash the entire criminal proceedings initiated against the applicant in Case No. 22 of 2016, arising out of Case Crime No. 465 of 2009 (State v. Arshad Rashid Khan), under Section 7/13(d)(ii) of Prevention of Corruption Act, 19882, as well as to quash the F.I.R. dated 19.05.2009, charge-sheet dated 20.08.2016 and summoning order dated 04.11.2016.

3. Submission made by learned counsel for the applicant is that the order dated 31.01.2000, which has been passed by the accused-applicant in respect of Waqf No. 102-A, Moradabad is a judicial order, therefore, the applicant would have protection of the umbrella of [The] Judges (Protection) Act, 1985 (Act No. 59 of 1985)3. Therefore, in case the said order was erroneous, that would not be a ground to prosecute

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