The Supreme Court, while hearing a case, observed that the petitioners is not named as an accused in the alleged offence. If the petitioner is not named as an accused in the offence,then by him the question of seeking quashing of the FIR or the proceedings does not arise at all. The perimeter is not an accused named in the case Therefore,he can not be allowed to seek quashing of the proceedings on the behalf of the other accused.
The case is related to the Uttar Pradesh Power Corporation Limited Provident fund Investment scam. A case was registered in this regard at the Hazaratganj police station in Lucknow.Utter Pradesh Police was investigating it, On 5 March 2020, the matter was taken over by the C.B I..In this case the then secretary of U P. Power Sector Employees Trust Praveen Kumar Gupta and the then Finance director of UPCL Sudhanshu Dwivedi have been made accused A bench of Justice A.M Khanwilkar and Justice C.T.Ravikumar heard the SPL filed against the Allahabad High Court order on 13 January 2020. The court observed that there is no dispute that the petitioner has not been named as an accused in the offence. If the petitioner is not named as an accused in the offence then by him the question of seeking quashing of the FIR or case does not arise at all The Court said that it has no intention to review the relief sought by the perimeters When CBI involves their names in the crimes,they can seek relief at the appropriate form. The court directed that the CBI Investigating officer has to give 48 hours prior notice before taking any action against the petitioners. so that the petitioners can take appropriate steps.
