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2022 Supreme(All) 131

MANISH KUMAR
Suneel Kumar Yadav – Appellant
Versus
C. B. I. /A. C. B. /Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kuldeep Srivastava,Smt. Padma Verma
For the Respondent: A.S.G.,Anurag Kumar Singh

JUDGMENT :

1. Instant petition under Section 482 of the Cr.P.C. has been preferred by the petitioner for quashing of the impugned order dated 20.01.2020 passed by the learned court of Special Judge, Anti Corruption, West, UP., Lucknow initiated in case no. 2 of 2015 arising out of crime no. RC006/2015/A/0002 under Sections 7 & 13(2) r/w 13 (1)(d)of Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act 1988').

2. Learned counsel for the petitioner has submitted that the impugned order was passed without considering the submissions raised on behalf of the petitioner. It is further submitted that the Prevention of Corruption Act has lastly been amended w.e.f. 26.07.2018 and Section 13(1)(d) of the Act 1988 has been substituted by Section 7 of the Act 1988. In Section 13(1)(d), the punishment provided was not less than four years but which may extend to ten years and shall also be liable to fine, whereas by making an amendment, the punishment which has been provided under Section 7 of the Act 1988 is less than three years but which may extend to seven years and shall also be liable to fine. After the amendment in the Act, the applicant has moved an application for alter

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