Bilaspur, Jul 23 (PTI) The Chhattisgarh High Court on Friday denied interim relief to suspended Additional Director General of Police (ADGP) G P Singh in two cases filed against him early this month for sedition and amassing disproportionate assets.
A HC bench of Justice Narendra Kumar Vyas denied interim relief to the ADG, said Additional Advocate General Amrito Das, who appeared for the state.
The state Anti-Corruption Bureau (ACB) and Economic Offences Wing (EOW) had registered an FIR against Singh, a 1994-batch IPS officer, under the Prevention of Corruption Act on June 29 after preliminary findings into complaints that he had allegedly amassed disproportionate assets.
Later, the ACB carried out a three-day search in some 15 locations linked to Singh from July 1 to July 3 and claimed to have discovered movable and immovable assets worth around Rs 10 crore.
Based on the documents recovered during the raids, Raipur police also registered a case on of sedition and promoting enmity.
Singh, who was suspended on July 5, had filed separate writ petitions in the HC challenging both the cases and had also sought interim relief.
The HC order on the application for relief in the sedition case stated that the petitioner had earlier filed an application under section 438 of CrPC which was later withdrawn on the pretext that he has filed a writ petition in the High Court.
“Therefore, grant of any protection would override the section 438 of CrPC. As such, considering the overall material placed before this court and diary of the case, I am of the considered opinion that the petitioner is not entitled to get any interim relief as prayed and the interim application is liable to be dismissed," the order said.
“From bare perusal of the FIR (on charges of sedition), it is crystal clear that the FIR was registered on July 7 and the petition was filed on July 13, as such it is premature stage of filing the petition. The investigation is in progress and the petitioner can very well rebut the allegations while defending before the competent court of law," it added.
During hearing on the application, Singh's counsels, Kishore Bhaduri and Sabyasachi Bhaduri, had argued that registration of FIR is a continuation of ill-motivated vendetta to rope the petitioner at the whims of state agency under the aegis of highest authority of the state.
Additional Advocate General Amrito Das submitted that the FIR contained ingredients of cognizable offence, and, therefore, no interim relief at this juncture can be considered as the investigation is in progress.
The HC order, while dismissing the application for interim relief in the corruption case, stated that the petitioner has not filed bail application under section 438 of CrPC for grant of anticipatory bail. Therefore, grant of protection would override the provisions of section 438 of CrPC.
In his application, Singh had prayed that the disproportionate assets case be transferred to the Central Bureau of Investigation (CBI) for probe, and that the ACB be restrained from taking any coercive action against him.
The HC has asked the state to file a reply within four weeks and listed the two petitions for hearing after five weeks.
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