LAWS(ALL)-2000-5-124

P N MISHRA Vs. STATE OF U P

Decided On May 24, 2000
P. N. MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BY means of these group of Criminal Misc. Applications, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the respective First Information Report (hereinafter referred to as the F.I.R.) lodged against them.

(2.) IN Criminal Misc. Application No. 6486 of 1997, the F.I.R. related to Crime No. 821 under Section 13 (1) (e), read with Section 13 (2) of the Prevention of Corruption Act, 1988, lodged at Police Station Hazrat Ganj, district Lucknow. On 4th October, 1997, an order was passed on the said application by this Court staying the arrest of the petitioner in connection with the said case on a condition that he would make himself available for interrogation and shall not leave INdia without permission. The interim order was subsequently modified by an order dated 29th April, 1998, that the INvestigating Officer should not indulge in disturbing the other members of the family of the petitioner in connection with the said case and that the police shall restrict its activities as required for proper investigation and that the D.I.G. should take suitable action so that in the garb of investigation, the INvestigating Officer may not indulge in disturbing the other members of the family. Ultimately, the matter was nominated along with Criminal Misc. Application Nos. 6487 of 1997, 6525 of 1997, 6588 of 1997 and 7102 of 1997 by Hon'ble the Chief Justice to this Court.

(3.) IN Criminal Misc. Application No. 6588 of 1997 (Sri Brijendra v. State of U. P.), an interim order was passed on 29.10.1997 by which the enquiry or investigation was permitted to proceed in connection with case Crime No. 805 of 1997 under Section 13 (1) (e) read with Section 13 (2) of Prevention of Corruption Act, 1988 at Police Station, Hazratganj, District Lucknow but the report under Section 173, Cr. P.C. shall not be filed and the applicant shall not be arrested without the permission of the Court and the matter was directed to be listed for further orders on 25.11.1997.