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2017 Supreme(All) 2605

RAMESH SINHA, VIVEK KUMAR SINGH
Saptarshi Pandey – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Satyendra Chandra Tripath, Radha Kant Ojha.

JUDGMENT :

RAMESH SINHA, J.

1. Heard Sri Radha Kant Ojha, assisted by Sri S.C. Tripathi, learned counsel for the petitioner on merits, Sri Ashish Pandey, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

2. On 7.11.2017 when the matter was taken up by this Court, this Court passed the following order, which is quoted here-in-below:-

"Heard Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Satyendra Chandra, learned counsel for the petitioner and Sri Vikas Sahai, learned AGA for the State.

This writ petition has been filed with a prayer for quashing of the impugned FIR dated 23.10.2009 registered as Case Crime No.507 of 2009, under Section 409 I.P.C. and Section 13(1) C & 13(1) D of Prevention of Corruption Act, 1988, Police Station-Raunapar, District Azamgarh.

The Court has come across many cases under the Prevention of Corruption Act where the investigation of the case has been kept pending for more than a decade and it appears that accused in collusion with the Investigating Officer have avoided their arrest and they come up to challenge the FIR lodged under the Prevention of Corruption Act after their retirement from service after a












































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