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TMI Blog2020 (12) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be necessary. But the present is a case where proceeding initiated by Respondent No. 2 does not appear to be a bona fide proceeding. Respondent No. 2 is in no way connected with initiation of criminal proceeding against the Appellant. The present is not a case where prosecution or even the employer of the Accused have filed an application either before the trial court or in any other court seeking direction as prayed by Respondent No. 2 in his application Under Section 482 Code of Criminal Procedure. Locus of a third party to challenge the criminal proceedings or to seek relief in respect of criminal proceedings of Accused - HELD THAT:- The issue had been dealt with by this Court in THE JANATA DAL AND OTHERS ETC. VERSUS HS. CHOWDHARY AND OTHERS ETC. [ 1991 (8) TMI 290 - SUPREME COURT] . In the above case the CBI had registered FIR under the Indian Penal Code as well as under the Prevention of Corruption Act, 1947 against 14 Accused. On an application filed by the CBI the learned trial Judge allowing the application to the extent that a request to conduct necessary investigation and to collect necessary evidence which can be collected in Switzerland holding that the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 directed conducting of a preliminary investigation by CBI. Writ Petition No. 45047 of 2005 filed by the Appellant was dismissed due to non-appearance of counsel on 29.01.2020. After which charge-sheet dated 23.05.2020 was filed by the Vigilance Department against the Appellant before the Court of Additional District Judge/Special Judge(A/C), Court No. 5, Gorakhpur, U.P. Respondent No. 2 filed an application Under Section 482 Code of Criminal Procedure on 04.08.2020 seeking direction to Special Judge to expedite and conclude Special Trial No. 520/2020. Respondent No. 2 in his application in paragraph 6 disclosing his locus has made the following averments: 6. That the applicant is a social activist and an Advocate by profession and a person having an urge to positively contribute to the society in all possible ways. He puts it on oath that he is not filing this application Under Section 482 Code of Criminal Procedure for any personal interest. He or any of his relations are not going to be benefited by filing the application. 4. Respondent No. 2 has further stated in his application that although FIR was lodged on 09.01.2006 but it got delayed by tactics opted by the Accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estoration/recall application seeking restoration of Writ Petition No. 45047/2005 on 15.06.2020. 7. Learned Counsel for the State submits that all criminal trials where offences involved are under the Prevention of Corruption Act have to be held on day to day basis and no exception can be taken to the order passed by the High Court. 8. Respondent No. 2 although had appeared in this proceeding on 03.11.2020 through counsel but subsequently has instructed his counsel not to appear any further and failed to appear on 09.12.2020 which was the date fixed by this Court. 9. We have considered the submissions of the learned Counsel for the parties and perused the records. 10. From the facts which have been brought on record it is clear that Criminal Trial No. 520 of 2020 was registered only after filing of charge-sheet on 23.05.2020 in FIR 02/2006, not even charges have been framed by the trial court as on date. 11. It is well settled that criminal trial where offences involved are under the Prevention of Corruption Act have to be conducted and concluded at the earliest since the offences under Prevention of Corruption Act are offences which affect not only the Accused but t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Confederation of Switzerland through filing of the requisite/proper undertaking required by the Swiss law and assurance for reciprocity. 13. A criminal miscellaneous application was filed by Shri H.S. Chowdhary seeking various prayers before the Special Judge which petition was dismissed by the Special Judge. A criminal Revision Under Sections 397/482 Code of Criminal Procedure was filed by H.S. Chowdhary in the High Court to quash the order of the Special Judge, which Revision was also dismissed by the High Court. The appeals were filed in this Court by different parties challenging the said order including H.S. Chowdhary. This Court while dismissing the appeals filed by the H.S. Choudhary and others made the following observations: 26. Even if there are million questions of law to be deeply gone into and examined in a criminal case of this nature registered against specified Accused persons, it is for them and them alone to raise all such questions and challenge the proceedings initiated against them at the appropriate time before the proper forum and not for third parties under the garb of public interest litigants. 27. We, in the above background of the case, after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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