D.K.Seth - (1.) BY means of these group of Criminal Misc. Applications, under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the respective First Information Report (hereinafter referred to as the F.I.R.) lodged against them.
(2.) IN Criminal Misc. Application No. 6486 of 1997, the F.I.R. related to Crime No. 821 under Section 13 (1) (e), read with Section 13 (2) of the Prevention of Corruption Act, 1988, lodged at Police Station Hazrat Ganj, district Lucknow. On 4th October, 1997, an order was passed on the said application by this Court staying the arrest of the petitioner in connection with the said case on a condition that he would make himself available for interrogation and shall not leave INdia without permission. The interim order was subsequently modified by an order dated 29th April, 1998, that the INvestigating Officer should not indulge in disturbing the other members of the family of the petitioner in connection with the said case and that the police shall restrict its activities as required for proper investigation and that the D.I.G. should take suitable action so that in the garb of investigation, the INvestigating Officer may not indulge in disturbing the other members of the family. Ultimately, the matter was nominated along with Criminal Misc. Application Nos. 6487 of 1997, 6525 of 1997, 6588 of 1997 and 7102 of 1997 by Hon'ble the Chief Justice to this Court. With the consent of the parties, all these matters were taken up for hearing together. Mr. Gopal Chaturvedi, learned counsel for the petitioners addressed the Court in respect of Criminal Misc. Application No. 6486 of 1997, Mr. D. V. Singh and Mr. P. P. Srivastava addressed the Court in respect of Criminal Misc. Application No. 6487 of 1997, Mr. Ramendra Asthana had addressed the Court in respect of Criminal Misc. Application No. 7102 of 1997. Mr. Prem Prakash had addressed the Court on behalf of the petitioner in Criminal Misc. Application No. 6588 of 1997 and after he concluded, Mr. Yogeshwar Prasad, Senior Advocate argued the case on behalf of the petitioner in Criminal Misc. Application No. 6588 of 1997 for some time. Mr. W. H. Khan though was present at the Bar on behalf of the petitioner in Criminal Misc. Application No. 6525 of 1997 but he did not attempt to argue the case. The cases were adjourned from time to time since one or the other lawyer was not present and the other lawyers were not prepared to argue his case. The argument had commenced on 11th October, 1999 and had continued till the judgment was reserved. Before I proceed further, it may be useful to refer to a resume as to how the respective cases have proceeded. RESUME OF THE PROCEEDINGS
(3.) IN Criminal Misc. Application No. 6588 of 1997 (Sri Brijendra v. State of U. P.), an interim order was passed on 29.10.1997 by which the enquiry or investigation was permitted to proceed in connection with case Crime No. 805 of 1997 under Section 13 (1) (e) read with Section 13 (2) of Prevention of Corruption Act, 1988 at Police Station, Hazratganj, District Lucknow but the report under Section 173, Cr. P.C. shall not be filed and the applicant shall not be arrested without the permission of the Court and the matter was directed to be listed for further orders on 25.11.1997. By an order dated 22.4.1998, counter and rejoinder -affidavits were directed to be filed. On 9.7.1998, the interim order was directed to remain operative and the case was directed to be listed on 7.8.1998. Thereafter no order was recorded in this case. Whereas on the order sheet of Criminal Misc. Application No. 7102 of 1997, an order was passed on 9.9.1998 extending the interim order till 14.9.1998. On 22.9.1998, the case was directed to be listed on 13.10.1998 extending the stay till 29.10.1998. On 29.10.1998, the matter was directed to be listed on 2.11.1998 and the interim order was extended till the next date of hearing. On 3.11.1998, the interim order was extended till the next date of listing of the case. Thereafter on 13.11.1998, the said case was directed to be listed on 13.11.1998 along with connected petitions and the interim order was extended till then.;