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Tuesday, February 18, 2020

Rakesh Asthana bribery case: CBI gets four months to probe

Justice Mukta Gupta allowed the CBI plea for extension of time to complete its investigation into the case lodged against Asthana, DSP Devender Kumar and alleged middleman Manoj Prasad.

By: Express News Service | New Delhi | Published: June 1, 2019 2:51:51 am
rakesh asthana, rakesh asthana case, cbi rakesh asthana, rakesh asthana bribery case, delhi high court, delhi hc, rakesh asthana case investigation, cbi probe, cbi investigation, indian express Within a year, CVC gave two opposite orders on note against Rakesh Asthana

The Delhi High Court on Friday granted four more months to the CBI to conclude the investigation into a bribery case involving the agency’s former special director Rakesh Asthana, saying an incomplete probe can lead to termination of proceedings.

Justice Mukta Gupta allowed the CBI plea for extension of time to complete its investigation into the case lodged against Asthana, DSP Devender Kumar and alleged middleman Manoj Prasad.

The judge observed the CBI is neither seeking a review nor recall of the earlier order, but further time to conclude the investigation, thereby giving effect to the January 11 order, it deems it fit to allow the three applications filed by the agency. On January 11, the court had granted 10 weeks to the agency to complete the investigation. It had refused to quash the FIR lodged against Asthana, Kumar and Prasad with respect to the investigation.

Referring to a judgment of the Supreme Court, Justice Gupta said, “However, the courts cannot prescribe periods of limitation beyond what is prescribed and such time limits cannot and will not be treated by themselves by the courts as a bar to further continuance of the trial or proceeding, mandatorily obliging the courts to terminate the same and acquit or discharge the accused.

“Similarly, an incomplete investigation can also have the effect of terminating the proceedings and it would be thus in the interest of justice to grant further time for investigation,” it said.

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