ARIJIT PASAYAT, J The State of Madhya Pradesh questions legality of judgment rendered by a learned Single Judge of the Madhya Pradesh High Court, Gwalior Bench accepting the prayer made in terms of Section 482 of the Code of Criminal Procedure, 1973 in short the Code to quash the investigation and proceedings under Prevention of Corruption Act, 1988 in short the Act in a case crime number 116/94 registered by the Special Police Establishment, Lokayukt, Gwalior.
Seven petitioners, who are the respondents herein, had filed the petition to quash the investigation and the proceedings on the ground that while investigating into the alleged acquisition of disproportionate assets by present respondent number 1 Awadh Kishore Gupta petitioner number1 before the High Court and described as accused hereinafter , the income of the other respondents were number taken numbere of.
Accordingly it was held that numberhing substantial had been companylected though companysiderable time had elapsed to companylect evidence to suggest that if prosecuted, the public servant would be liable to be companyvicted as there has been little progress in the investigation.
Before the High Court his wife was the petitioner number 2 and his sons and daughter were petitioner number.
3 to 6 respectively and petitioner number7 was his father.
Properties seized from the accused were directed to be returned to him.
As the matter was still under examination by the investigating agency, numbercase for quashing the investigation further proceedings was made out.
With these observations, the investigation and further proceedings in the case registered were quashed.
