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1991 Supreme(All) 629

N.L.GANGULY
PRAKASH CHANDRA JAISWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
J.P.PANDEY, S.K.SHARMA, V.S.SAXENA

N. L. GANGULY, J.

( 1 ) THE applicant Prakash chandra Jaiswal was a Sub-Inspector in L. I. U. (Local Intelligence Unit) posted in District Farrukhabad, in the year 1975-77. A report was lodged agaist him and another person by Sri Ram Prakash Tripathi, a Member of Parliament. An investigation was made and a charge-sheet was submitted on 18-12-78 under Ss. 161, 120b, I. P. C. and S. 5 (2) of the Prevention of Corruption Act. The case was registered as S. T. No. 1 of 1979 before the Court of Special Judge, Farrukhabad. The petitioner has quoted in para 20 of the affidavit that as many as 50 dates were fixed in this case in the said trial. During the long drawn trial on 50 different dates evidence of 25 witnesses could be recorded besides one Court witness. One defence witness was also examined. The learned I Addl. Sessions Judge, Farrukhabad by his judgment dated 10-11-81 discharged the accused applicant for want of proper sanction for the prosecution in offences under the provisions of prevention of Corruption Act etc. The petitioner was already suspended w. e. f. 31-12-77. The suspension order continued even after the discharge of the accused applicant. The co-accused of the applican


















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