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 lapse of 10 years or above, who have committed the crime while they were holding the post of public servant and enjoyed the privilege of service. The attention of the State Government has been drawn by this Court time and again through Additional Advocate General, U.P. and through the State Counsel, but it appears that the State Government has failed to check and control over the Investigating Officer who kept the investigation pending for the last so many years for their ulterior motive endlessly, by which the object and purpose of the Prevention of Corruption Act is defeated. Put up day after tomorrow, i.e., on 9.11.2017 in order to enable the learned AGA to inform this Court as to why the investigation of the case has been kept pending by the Investigating Officer for the last 8 years and further to inform whether the charge sheet has been submitted in the matter or not and why the petitioner was not arrested when the FIR was lodged on 23.10.2009 and pressure has been mount upon by the Investigating Agency on the petitioner for taking coercive action against him, who has rushed to this Court after a lapse of 8 years of lodging of the FIR for quashing of the same. The Registrar General of this Court is directed to send a copy of this order to the Chief Secretary of the State for necessary information and follow up action forthwith. Let a copy of this order be given to the learned AGA for its compliance today."
(3.) Thereafter on 9.11.2017, following order was passed by this Court, which is quoted here-in-below:- "Heard Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Satyendra Chandra Tripathi, 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 Sections 409 I.P.C. and Section 13 (1) C and 13(1) D of Prevention of Corruption Act, 1988, Police Station Raunapar, district Azamgarh. Learned AGA states that he has received instructions in the matter in which it has been mentioned that D.F.R was prepared and approved by the investigating agency on 10.4.2013. In the meanwhile two Investigating Officers investigated the matter and the third Investigating Officer took investigation of the case on 3.7.2017 and he has applied for sanction for prosecution of the petitioner who has already retired from the service on 30.6.2001 prior to lodging of the impugned FIR on 23.10.2009. The Principal Secretary, Home, U.P. Lucknow is directed to appear in person as this Court has come across many cases under the Prevention of Corruption Act in which it transpires that the accused who being public servant have committed offence under the Prevention of Corruption Act as well as under the Indian Penal Code FIR has been lodged against them but no steps is taken against them timely for grant of prosecution sanction by the competent authority and it appears that they in collusion with Investigating Officers of the case have avoided their arrest and they come up to challenge the FIR lodged under the Prevention of Corruption Act after their retirement from service and some time while they are in service and further they also challenge the order granting sanction of their prosecution by the competent authority. In the present case, we call upon the Principal Secretary (Home), U.P. Lucknow of the State as to under what circumstances, the prosecution sanction of the petitioner was sought on 3.7.2017 as the petitioner has already retired from service on 30.6.2001 and investigation of the case has been kept pending for the last about eight years and no efforts were made to arrest him and the police has swung into action now to arrest him. The learned AGA has stated that he has also sent the copy of the order of this Court dated 7.11.2017 to the Chief Secretary of the State passed in the present petition for necessary information and follow up action and also to Director General, Vigilance, U.P. He too has admitted the fact and stated that this Court has been drawing the attention of the State time and again about serious latches on the part of the investigating agency for keeping the cases under the Prevention of Corruption Act and Section 409 IPC etc. for several years which defeat the object of the said Act. Today also yet another matter has come up before this Court in writ petition no.24416 of 2017. In the said case FIR is of the year 2007 and the petitioner after ten years of registration of the FIR has come up before this Court challenging the sanction order for his prosecution which has been accorded by the competent authority after his retirement and the sanction has been granted on 10.8.2017. Let the present matter be also listed on 21.11.2017 on which date respondent no.1 the Principal Secretary (Home), U.P. Lucknow shall appear in person before this Court. After passing of the aforesaid order, the learned AGA states that the personal appearance of the Principal Secretary of the State may not be called for and only his personal affidavit may be sought by this Court in the matter as he assures the Court that no such latches would be seen by this Court in future. In view of the above, we at this stage only direct the Principal Secretary (Home), U.P. Lucknow to file his personal affidavit in the matter and the issues referred above and drop the above order of securing his personal appearance in the matter. List the matter on 21.11.2017. Let a copy of this order be given to the learned AGA for its compliance.";