Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.869 Of 2020
(Arising out of SLP(Crl.)No.5299 of 2020)
SANJAI TIWARI ...APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. ...RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN, J.
Leave granted.
2. This appeal has been filed questioning the order dated
09.09.2020 passed by the High Court of Judicature at
Allahabad in Application under Section 482 Cr.P.C. filed
by respondent No.2 on which application the High Court
directed the trial court to expedite the criminal trial
and conclude the same at the earliest.
3. The appellant is an accused in FIR No.02/2006,
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.12.16
16:30:36 IST
Reason:
Vigilance Department, Lucknow under Sections 420, 467, 468,
471, 477A & 120B IPC and Section 13(1) C/D read with 13(2)
2
of Prevention of Corruption Act, 1988. The Vigilance
Department of State of Uttar Pradesh commenced an inquiry
on a complaint filed by one R.K. Choudhary. Writ Petition
No.45047 of 2005 was filed by the appellant in the High
Court challenging the Vigilance Inquiry initiated against
him. The High Court directed on 22.08.2005 that unless
complainant R.K. Choudhary is examined first no inquiry
can be proceeded with against the appellant. On 08.12.2005,
the Secretary, Vigilance, U.P. directed lodging of an FIR
against the appellant and five others. On the basis of
which FIR No.02/2006 was registered against the appellant.
Writ Petition No.572 of 2006 was filed by the appellant in
which the High Court stayed the order dated 08.12.2005
passed by the Secretary, Vigilance Department which order
was continued by order dated 31.12.2006. In PIL
No.35628/2013 the High Court by an order on 04.07.2013
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
3
under Section 482 Cr.P.C. 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
Cr.P.C. 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 accused persons. The
Vigilance Department completed the investigation after
about 14 years and still the accused persons are trying to
get away from the charges. The aforesaid application filed
by respondent No.2 came before the High Court for
consideration on 09.09.2020 which application stood
disposed of by the following order:
"The instant application has been filed to
expedite and conclude Special Trial No.520 of
2020, "State of U.P. vs. Sanjai Tiwari" relating
to Case Crime No.02 of 2006, under Sections 420,
467, 468, 471, 477A & 120B IPC and Section 13(1)
C/D read with 13(2) of Prevention of Corruption
4
Act, 1988, Police Station Kursi, District
Barabanki, pending in the court of Additional
District Judge/Special Judge, Anti Corruption
Act, Court No.5, Gorakhpur.
Learned Senior Counsel submits that the special
trial pending before the court below be
expedited.
Considering the facts and circumstances of the
case, the application stands disposed of
directing the Court concerned to expedite the
proceedings of the aforesaid case and conclude
the same, at the earliest possible, on day to
day basis without granting any unnecessary
adjournment to either of the parties, in
accordance with law, provided there is no
impediment."
5. Learned counsel for the appellant questioning the
order of the High Court submits that the High Court
committed error in entertaining the application under
Section 482 Cr.P.C. at the instance of respondent No.2 who
had no locus standi to file a petition under Section 482
Cr.P.C. It is submitted that the High Court without issuing
any notice to the appellant who was an accused in the trial
and was impleaded as respondent No.2 in 482 Cr.P.C.
application passed the order.
6. It is further submitted that the present was not a
case where it can be said that any delay is caused by the
5
accused. It is submitted that relevant fact is that
proceeding consequent to lodging of FIR remained stayed by
the High Court for entire period due to which any charge-
sheet could be filed, which fact was not brought into the
notice of the High Court when the order impugned was
passed. It is submitted that even lodging of FIR against
the appellant is challenged before the High Court by filing
a writ petition which was dismissed on non-appearance on
29.01.2020. Appellant filed a restoration/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.
6
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 the entire society
and administration. It is also well settled that the High
Court in appropriate cases can very well under Section 482
Cr.P.C. or in any other proceeding can always direct trial
court to expedite the criminal trial and issue such order
as may 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. Respondent No.2 in his application under
7
Section 482 Cr.P.C. in paragraph 6 has described him as a
social activist and an Advocate. An application by a person
who is in no way connected with the criminal proceeding or
criminal trial under Section 482 Cr.P.C. cannot ordinarily
be entertained by the High Court. A criminal trial of an
accused is conducted in accordance with procedure as
prescribed by the Criminal Procedure Code. It is the
obligation of the State and the prosecution to ensure that
all criminal trials are conducted expeditiously so that
justice can be delivered to the accused if found guilty.
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 Cr.P.C.
12. With regard to locus of a third party to challenge the
criminal proceedings or to seek relief in respect of
criminal proceedings of accused had been dealt with by this
Court in Janata Dal vs. H.S. Chowdhary and others, (1993)
1 SCC 756 . In the above case the CBI had registered FIR
under the IPC as well as under the Prevention of Corruption
Act, 1947 against 14 accused. On an application filed by
8
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 passed order on 05.02.1990
which is to the following effect:
"In the result, the application of the CBI
is allowed to the extent that a request to
conduct the necessary investigation and to
collect necessary evidence which can be
collected in Switzerland and to the extent
directed in this order shall be made to the
Competent Judicial Authorities of 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 Cr. P.C. 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:
9
“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 bestowing our anxious and painstaking
consideration and careful thought to all aspects
of the case and deeply examining the rival
contentions of the parties both collectively and
individually give our conclusions as follows:
1. Mr. H.S. Chowdhary has no locus
standi (a) to file the petition
under Article 51A as a public
interest litigant praying that no
letter rogatory/request be issued
at the request of the CBI and he be
permitted to join the inquiry
before the Special Court which on
5.2.90 directed issuance of letter
rogatory/request to the Competent
Judicial Authorities of the
Confederation of Switzerland; (b)
to invoke the revisional
jurisdiction of the High Court
under Sections 397 read with 401 of
the CrPC challenging the
correctness, legality or propriety
of the order dated 18.8.90 of the
Special Judge and (c) to invoke the
extraordinary jurisdiction of the
High Court under Section 482 of the
CrPC for quashing the First
Information Report dated 22.1.90
and all other proceedings arising
therefrom on the plea of preventing
the abuse of the process of the
Court.
10
………… ………… …………
28. In the result, we agree with the first part
of the Order dated 19.12.90 of Mr. Justice M.K.
Chawla holding that Mr. H.S. Chowdhary and other
intervening parties have no locus standi. We,
however, set aside the second part of the
impugned order whereby he has taken suo moto
cognizance and issued show cause notice to the
State and CBI and accordingly the show cause
notice issued by him is quashed.”
14. This Court in the above case laid down that it is for
the parties in the criminal case to raise all the questions
and challenge the proceedings initiated against them at
appropriate time before the proper forum and not for third
parties under the garb of Public Interest Litigants.
15. We are fully satisfied that respondent No.2 has no
locus in the present case to file application under Section
482 Cr.P.C. asking the Court to expedite the hearing in
criminal trial. We have already observed that all criminal
trials where offences involved under the Prevention of
Corruption Act have to be concluded at an early date and
normally no exception can be taken to the order of the High
Court directing the trial court to expedite the criminal
trial but in the present case the fact is that proceedings
have been initiated by respondent No.2 who was not
11
concerned with the proceedings in any manner and the
respondent No.2 has no locus to file the application which
was not clearly maintainable, we are of the view that the
impugned judgment of the High Court dated 09.09.2020 cannot
be sustained.
16. In the result, the appeal is allowed, judgment of the
High Court dated 09.09.2020 is set aside. The application
filed by respondent No.2 under Section 482 Cr.P.C. is
dismissed. We, however, make it clear that none of the
observations made by us in this order shall affect the
criminal trial. We, however, observe that it will be open
for the trial court to expedite the criminal trial, the
offences being the offences under the Prevention of
Corruption Act, 1988, subject to any order passed by the
High Court in pending proceedings.
..........................J.
( ASHOK BHUSHAN )
..........................J.
( R. SUBHASH REDDY )
..........................J.
( M.R. SHAH )
NEW DELHI,
DECEMBER 16, 2020.