SANJAI TIWARI Vs. THE STATE OF UTTAR PRADESH AND ANOTHER
LAWS(SC)-2020-12-39
SUPREME COURT OF INDIA
Decided on December 16,2020

Sanjai Tiwari Appellant
VERSUS
The State Of Uttar Pradesh And Another Respondents


Referred Judgements :-

JANATA DAL VS. H.S. CHOWDHARY AND OTHERS [REFERRED TO]



Cited Judgements :-

BOBBY KURUVILA VS. STATE OF KERALA [LAWS(KER)-2021-9-127] [REFERRED TO]


JUDGEMENT

ASHOK BHUSHAN, J. - (1.)Leave granted.
(2.)This appeal has been filed questioning the order dated 09.09.2020 passed by the High Court of Judicature at Allahabad in Application under Section 482 Cr.P.C. filed by respondent No. 2 on which application the High Court directed the trial court to expedite the criminal trial and conclude the same at the earliest.
(3.)The appellant is an accused in FIR No.02/2006, Vigilance Department, Lucknow under Sections 420, 467, 468, 471, 477A and 120B IPC and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. The Vigilance Department of State of Uttar Pradesh commenced an inquiry on a complaint filed by one R.K. Choudhary. Writ Petition No. 45047 of 2005 was filed by the appellant in the High Court challenging the Vigilance Inquiry initiated against him. The High Court directed on 22.08.2005 that unless complainant R.K. Choudhary is examined first no inquiry can be proceeded with against the appellant. On 08.12.2005, the Secretary, Vigilance, U.P. directed lodging of an FIR against the appellant and five others. On the basis of which FIR No.02/2006 was registered against the appellant. Writ Petition No.572 of 2006 was filed by the appellant in which the High Court stayed the order dated 08.12.2005 passed by the Secretary, Vigilance Department which order was continued by order dated 31.12.2006. In PIL No.35628/2013 the High Court by an order on 04.07.2013 directed conducting of a preliminary investigation by CBI. Writ Petition No.45047 of 2005 filed by the appellant was dismissed due to non-appearance of counsel on 29.01.2020. After which charge-sheet dated 23.05.2020 was filed by the Vigilance Department against the appellant before the Court of Additional District Judge/Special Judge(A/C), Court No.5, Gorakhpur, U.P. Respondent No. 2 filed an application under Section 482 Cr.P.C. on 04.08.2020 seeking direction to Special Judge to expedite and conclude Special Trial No.520/2020. Respondent No.2 in his application in paragraph 6 disclosing his locus has made the following averments:
"6. That the applicant is a social activist and an Advocate by profession and a person having an urge to positively contribute to the society in all possible ways. He puts it on oath that he is not filing this application under Section 482 Cr.P.C. for any personal interest. He or any of his relations are not going to be benefited by filing the application."

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