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2013 Supreme(All) 1892

SUSHIL HARKAULI, L.K.MOHAPATRA, NAHEED ARA MOONIS
SHIV KANT TRIPATHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Samit Gopal, G.S. Chaturvedi, K.S. Singh, S.K. Srivastava and Sandeep Kumar Singh for the Petitioner; A.G.A., A.S.G.I , G.A., Kunwar Siddharth Singh, N.I. Jafri, Rahul Chaturvedi, Ram Dular and Ram Jethmalani for the Respondents.

JUDGMENT

Hon’ble L.K. Mohapatra, J.—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























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