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VIDYA PRAKASH MISHRA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Vidya Prakash Mishra v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 5321 of 2007 [2007] RD-AH 7584 (24 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

The petitioner is alleged to have been caught red handed accepting bribe in the form of marked & numbered currency notes.  After being caught red handed, the same notes were recovered from the petitioner and his hands were washed in the chemical water, which changed the colour. It is alleged to have been done in the presence of independence witnesses also.

Thus, apparently no further investigation is required otherwise than the seized articles, which must have been sealed, and the recording of the statements of witnesses who are the witness to the whole incident.

In view of the above, we are of the opinion that nothing is left by way of investigation for transferring the case to CB CID.  By such a prayer for transferring investigation the petitioner merely wants to delay submission of charge-sheet.

The learned counsel for the petitioner has stated that the charge sheet has not been filed so far, which indicates that the investigation is still going on.  In Prevention of Corruption Act cases filing of charge sheet is often delayed because sanction is required and not because investigation is going on.

The petitioner has made allegations against certain politicians.  We are not inclined to go in this question because any observation made by this Court against the petitioner may damage the defence of the petitioner and any observation made by the Court in favour of the petitioner may be misused by the petitioner.  These pleas are a matter of defence evidence and we see no reason why the petitioner will not have the chance to prove these pleas, if the same are correct, before the trial court.

In the circumstances, we are of the opinion that the writ petition has no force, and it is accordingly dismissed.  

Dated: 24.04.2007

RCT/-Crl.W.P.No. 5321 of  07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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