Case :- CRIMINAL MISC. WRIT PETITION No. - 15363 of 2019 Petitioner :- Veer Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Dhama,Rakesh Kumar,Shri Anurag Khanna (Sr.Adv.) Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Anurag Khanna, learned senior counsel assisted by Sri Gaurav Dhama, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. for the State.
Sri Rajesh Mishra, learned AGA appearing for the State has strongly opposed the writ petition with the contention that this is the second writ petition. Initially the petitioner had approached this Court by filing writ petition being Criminal Misc. Writ Petition No.15907 of 2018, which was filed seeking quashing of the FIR. The said writ petition was disposed of finally by another Bench of this Court vide order dated 19.6.2018 with the direction that in case the petitioners surrender before court concerned with thirty days, the same shall be heard and disposed of expeditiously. Subsequently, this order was extended on an extension application filed by the petitioner and the order was extended on 14.9.2018. Learned AGA has submitted that in spite of indulgence given by another Bench of this Court, the petitioner has not complied with the said order and has not obtained bail and now and now the second writ petition has been filed.
Sri Anurag Khanna, learned senior counsel appearing for the petitioner has pressed the second writ petition with the contention that on the date when the FIR was lodged or on the date when the first writ petition was filed seeking quashing of the FIR, the amendment to Section 17A(1) of the Prevention of Corruption Act was not in existence. Section 17A(1) of the said Act was subsequently amended and brought to statute on 17.7.2018. Learned senior counsel has contended that the petitioner was not named in the FIR and his name has cropped up subsequently during investigation and the investigation has not yet been completed as on date and thus, the petitioner is also entitled to benefit of Section 17A(1) of the Prevention of Corruption Act.
The matter requires consideration after exchange of the pleadings.
In view of the facts and circumstances, a case for grant of indulgence has been made out.
Admit.
Learned AGA has accepted notice on behalf of respondent nos.1, 2 and 3. Issue notice to respondent no.4. Steps be taken within a week.
All the respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three weeks thereafter.
Till further orders, the petitioner will not be arrested nor any coercive action will be taken against him in pursuance of the FIR registered as Case Crime No.421 of 2018 u/s 420,467, 468, 471, 120B IPC and Section 13 of Prevention of Corruption Act PS Kasna District Gautam Budh Nagar.
However, it is being made clear that the investigation is not being stayed and the same be taken to its logical conclusion in accordance with law. The petitioner will participate and cooperate with the investigation.
Order Date :- 30.5.2019 SP