STATE OF UTTAR PRADESH Vs. K K GUPTA

JUDGEMENT

(1.) This is an appeal by special leave from the order dated 18th April, 1967, passed by the High Court at Allahabad.

(2.) The High Court quashed the proceedings in case No. 24 of 1961.

(3.) The order was made on the petition of the respondent under Sec. 561-A of the Criminal Procedure Code. The respondent made an application on 20th March, 1967, to the High Court at Allahabad. The respondent was charged with an offence under Section 161 of the Indian Penal Code read with Section 5 (2) of the Prevention of Corruption Act. The incident in question was alleged to have taken place on 6th August, 1960. The respondent alleged that charge-sheet was submitted in the month of March 1961, and during six years only 4 witnesses were examined and the examination of 16 more witnesses would therefore take 20 years. It was also alleged that 40 dates had been fixed for hearing of the case but to no useful purpose. The High Court quashed the proceedings without giving any reason therefor.