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2024 Supreme(All) 91

SUBHASH VIDYARTHI
Lalta Prasad Dwivedi – Appellant
Versus
State of U. P. Thru. Its Addl. Chief Secy. Deptt. of Home, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ram Naresh Yadav, Vineet Kumar Chaurasia

JUDGMENT :

1. Heard Sri Ram Naresh Yadav, the learned counsel appearing for the applicant and Sri Anurag Verma, the learned Additional Government Advocate-I and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged validity of the order dated 06.11.2023 passed by the Additional District and Sessions Judge/Special Judge, P. C. Act, Court No.6, Lucknow rejecting the application for discharge filed by the applicant in relation to Crime No.686 of 2018 under Section 7 of the Prevention of Corruption Act and Sections 408, 120B IPC, Police Station Sarojini Nagar, Lucknow.

3. On 12.11.2018, an Inspector of U.P. Vigilance Establishment had filed an FIR against 3 named persons, including the applicant, describing him as ‘Lalta Prasad Dwivedi, the then Assistant Commissioner Housing and Assistant Registrar’ and some unnamed persons in illegal occupation of land, stating that by means of a Government Order dated 03.08.2015, the Vigilance, Establishment had been directed to conduct an open enquiry against co-accused L.K. Asthana, a former office bearer of Vidya Mandir Sahkari Grih Nirman Samiti Ltd. (hereinafter referred to as ‘the

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