KAMLA DEVI GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition, the petitioners, who are the relatives and the family members of late Om Prakash Gupta Ex -MLA, have sought the following reliefs:

(2.) BRIEF facts necessary for deciding this writ petition are that a first information report in pursuance of order passed by this Court on 26.02.2010 in Writ Petition No.10503 (M/B) of 2009 (Vishwanath Chaturvedi Vs. Union of India and others) has been lodged on the basis of preliminary inquiry conducted by Special Investigating Team, constituted for detecting the fraud in public distribution system of the State of Uttar Pradesh, by Central Bureau of Investigation (hereinafter referred to as 'CBI') against unknown persons on 06.04.2010 under Sections 120 -B,420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the PC Act') having FIR No.RC 0062010A0013, CBI/ACB, Lucknow.

(3.) THE CBI investigated the matter which relates to the offences committed during financial years 2004 -05 and 2005 -06 in District Sitapur. The CBI investigated the case and submitted charge -sheet on 02.09.2011 against late Om Prakash Gupta and one Vinay Gupta under Sections 120 -B, 420, 468, 471 IPC only, and did not file any charge -sheet under Section 467 IPC and under Section 13(2) read with Section 13(1)(d) of the PC Act. Om Prakash Gupta was under judicial custody in this case at that time. During judicial custody and after submission of the charge -sheet Sri Om Prakash Gupta sent a letter on 14.09.2011 through Superintendent District Jail Sitapur in respect of the alleged preliminary inquiry made by Directorate of Enforcement Department (in short ED) in pursuance of the abovementioned FIR. In reply thereof, vide letter dated 16.11.2011 (Annexure -1 to the writ petition), ED informed to Mr. Om Prakash Gupta that the investigation with regard to food scam is being conducted by this office in compliance of the directions issued by Hon'ble Allahabad High Court, Lucknow Bench on 26.02.2011 and 03.12.2010 in Writ Petition No.10503 (M/B) of 2009. It was also informed to Mr. Om Prakash Gupta that the law point raised by him shall be suitably addressed during investigation.