SHIV KANT TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) The prayers in this writ application are for a direction to the Enforcement Directorate (the respondent no. 4) to take up the investigation of Crime Case No. 458/09 registered for commission of offences under Sections 420/467/471/120-B of the Indian Penal Code read with Sections 7/8/9/10/13(I) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and Sections 3/4 of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as 'the Money-Laundering Act') in police station Babu Purwa, District Kanpur Nagar, and for a direction in the nature of Mandamus directing the Special Cell, Economic Offences Wing as also the Enforcement Directorate to submit such periodic reports as may be deemed fit and proper as to the stage, status and manner of investigation to this Court and to direct the Enforcement Directorate and the Special Cell of the Economic Offences Wing to complete the investigation in the aforesaid case in a time-bound manner within such period as may be deemed just and proper.

(2.) The limited issue before this Court for the present is as to whether the Enforcement Directorate is required to file the Final Form before the designated Court or not. But before deciding the issue raised in this writ application, it is necessary to refer to the brief history of the case.

(3.) The petitioner Shiv Kant Tripathi lodged an F.I.R. at P.S. Babu Purwa, District Kanpur Nagar, alleging commission of certain scheduled offences, certain offences under the Prevention of Corruption Act, 1988 as well as commission of offences under Sections 3 & 4 of the Money-Laundering Act.