RITA BAHUGUNA JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Miss. Sandhya Goswami and Shri Hemant Kumar Mishra, learned counsel for the petitioner, Learned Advocate General for respondents no.1, 2 and 7, Shri Kapil Mishra for respondent no.3, Shri Vireshwar Nath for C.B.I (respondent no.5) and Shri Sharad Srivastava for Union of India (respondent No.4).

(2.) This petition was filed in the year 2009 which was tied up with another Bench of this Court but due to paucity of time that Bench could not decide this matter, therefore, a request was made on behalf of the petitioner for release of this matter but the Court directed the petitioner to move before the Chief Justice or the Senior Jude for nomination of another Bench. Thereafter an application was moved on behalf of the petitioner on 18.7.2011 and the Chief Justice vide order dated 20.7.2011 rejected the application. Thereafter the petitioner moved S.L.P. (Crl.) No. 7928/7929 of 2011 before the Hon'ble Apex Court, in which Hon'ble Apex Court vide order dated 8.11.2011 disposed of the S.L.P. with a request to the Hon'ble chief Justice to the High Court to explore possibility and posting the matter before an appropriate Bench for an early hearing. In compliance of the order of the Hon'ble Apex Court the matter was nominated to this Bench by order of the Chief Justice dated 7.12.2011. Thereafter the arguments of both the parties were heard on different dates. The arguments finally concluded on 29.2.2012 and the judgment was reserved.

(3.) In brief the facts giving rise to the present petition are as under:-