Court No. - 1
Case :- APPLICATION U/S 482 No. - 34602 of 2018 Applicant :- Gyanendra Swaroop Bhatnagar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Trivikram Singh,Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Trivikram Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 21.8.2018 by means of which proceedings u/s 83 Cr.P.C. has been issued in case crime no.1942/1998 u/s 13(1)(E) r/w 13(2) of Prevention of Corruption Act, P.S. Colonelganj, district Allahabad pending in the Court of A.D.J./Special Judge Anti Corruption, Court No.2, Varanasi.
Learned counsel for the applicant submits that the applicant is aged about 80 years. He is suffering from various ailments and proceedings u/s 83 Cr.P.C. has been initiated against him. Till date the investigation of the case has not yet been concluded. He further submits that the son of the petitioner is also suffering from Cancer.
Learned AGA opposed the prayer for quashing of the impugned order.
Considering the facts of the case and the submissions made by learned counsel for the parties, we direct the Investigating Officer of the case to conclude the investigation of the case and submit the police report before the court concerned within the period of six weeks from today in accordance with the provisions of law.
For the period of six weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.
The S.P/S.S.P. Varanasi shall ensure the compliance of the present order within the aforesaid period.
Copy of this order be given to learned AGA for it's compliance.
With the aforesaid directions, this 482 application is finally disposed of. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.9.2018/Gaurav