AMAR CHAND SINGH Vs. C.B.I.

JUDGEMENT

(1.) Heard Shri R. K. Sharma, learned counsel for the petitioner, Shri Surya Bhan Pandey, the learned Senior Advocate and Assistant Solicitor General of India representing the Central Bureau of Investigation and learned Additional Government Advocate representing the State of Uttar Pradesh.

(2.) The petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India has prayed for following reliefs:

(3.) From perusal of the prayer clause of the writ petition what appears is that a declaratory relief has been sought to the effect that the judgment and order dated 16.07.2015 passed by a Division Bench of this Court in a Public Interest Litigation (Misc. Bench No.12396 of 2014, Dr. Nutan Thakur vs. State of U.P. and others) is not binding upon the petitioner as he was not impleaded in the said writ petition as a party-respondent and consequently the said judgment and order dated 16.07.2015 be recalled and the writ petition decided afresh after impleading the petitioner as a party and affording him an opportunity of hearing. The petitioner has also prayed that for issuance of a writ of Certiorari quashing the F.I.R. dated 30.07.2015 lodged under section 120-B, I.P.C. read with sections 409, 420, 466, 467, 469 and 471, I.P.C. and section 13(2) and 13(1)(d) of Prevention of Corruption Act as aslo F.I.R. dated 17.01.2018 lodged under section 420, I.P.C. and section 13(2) and section 13(1)(d) of Prevention of Corruption Act and read with section 120, I.P.C. and further to quash all the proceedings initiated on the basis of the F.I.Rs dated 30.07.2015 and 12.03.2020. A direction has also been sought to be issued to the Central Bureau of Investigation (C.B.I) not to act against the petitioner in any manner in pursuance of and subsequent to the judgment and order dated 16.07.2015 passed by the Division Bench of this Court in the case of Dr. Nutan Thakur (supra). The petitioner has also prayed for calling for the record of investigation in the F.I.Rs dated 30.07.2015 and 17.01.2018 as described above.