The Allahabad High Court at Lucknow heard a matter, where an FIR was lodged against one Dr. L.K. Asthana, under Section 13(1)(c), 13(2) of Prevention of Corruption Act 1988 and under Section Section 3 of Damages of Public Property Act, 1984 and Section 120 (b) IPC.
The Counsel for the Petitioner pleaded that Section 13 (1) (c) of Prevention of Corruption Act has been deleted vide notification dated 26.07.2018. Section 13 (2) of the Prevention of Corruption Act relates to the punishment of offence committed under Section 13 (1) of the Act.
As such, no offence is made out against the petitioner as alleged in the impugned FIR. The petitioner cannot be prosecuted under the Prevention of Corruption Act.
A Division Bench of Hon’ble Justice R.R. Awasthi and Hon’ble Justice Saroj Yadav while granting 3 weeks time to the State to file its Reply, provided that in the meantime, till the period of three weeks or till the filling of the police report under section 173 (2) Cr.P.C. whichever is earlier, petitioners shall not be arrested in pursuance of aforesaid impugned F.I.R. However, the petitioner will cooperate with the investigation.
Title: Dr. L.K. Asthana(Laulesh Kumar Asthana) vs State of U.P. & Others
Case No.- MISC. BENCH No. – 20667 of 2020
Coram: Hon’ble Justice R.R. Awasthi and Hon’ble Justice Saroj Yadav
Date of Order: 17.11.2020
Counsel for Petitioner:- Anand Shanker Asthana, Deepak Mishra, Siddharth Vikram Asthana
Counsel for Respondent:- G.A.