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2022 Supreme(All) 812

BRIJ RAJ SINGH
Vikas Asthana – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. – Respondent


Advocates Appeared:
For the Revisionist : Rajesh Chandra Mishra, Akhilesh Kumar Kalra

JUDGMENT :

1. This criminal revision has been filed with a prayer to set aside the order dated 26.02.2022 passed by Additional Session Judge/Special Judge, Prevention of Corruption Act, 1988, Court No. 9, Lucknow in Criminal Case No. 957 of 2018 (State Vs. Vikas Asthana & Others) whereby the application for discharge filed by the revisionist has been rejected as well as to quash the order dated 06.04.2022 whereby the ourt below has framed the charges against the revisionist under Section 7/13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, under Section 8/13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, under Section 420 I.P.C. and under Section 120B I.P.C. arising out of Case Crime No. 264 of 2017, under Sections 7, 8, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 and Sections 410, 420, 120B, 34 I.P.C, PS Barhpura, District Etawah and discharge the revisionist-accuesd from all the charges.

2. Prior to discussing the present controversy, it is necessary to discuss the detail background of “discharge” enshrined under Criminal Procedure Code which would be also relevant to decide the present controversy.

3. Intr

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