Allahabad High Court
Pramod Kumar Verma vs Union Of India Thru. Secy. Ministry Of ... on 25 October, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:72560 Court No. - 11 Case :- APPLICATION U/S 482 No. - 9757 of 2024 Applicant :- Pramod Kumar Verma Opposite Party :- Union Of India Thru. Secy. Ministry Of Home Affairs And 3 Others Counsel for Applicant :- Akarshan Bajpai Counsel for Opposite Party :- A.S.G.I.,Anurag Kumar Singh,G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Akarshan Bajpai, learned counsel for the petitioner and ShriAnurag Kumar Singh, learned counsel for C.B.I./opposite party.
2. By means of this petition, the petitioner has prayed following main reliefs:
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside impugned charge sheet dated 31-12-2022 bearing Charge Sheet No. 20 of 2022 (03) filed in Case Crime No. RC220/2022/E0011-CBI/EO-II/ND, U/S 7(C), 13(1)(A), 13(2) of P.C. Act, & Section 120-B, 419, 420 I.P.C. in matter of C.B.I. Vs Vinod Kumar Gupta and others as well as impugned summoning order dated 31- 01-2023 pending before the Learned Court of Special Judge P.C. Act, Court No. 3, CBI Cases, Lucknow, contained as Annexure No. 2 to this petition in the interest of justice."
3. Learned counsel for the petitioner has contended that the offences under which the charge-sheet has been filed, are having punishment up to 7 years, therefore, liberty may be given to the petitioner to appear before the learned court concerned to file an appropriate application giving undertaking that he shall participate in the trial proceedings and that application may be decided in the light of the judgement of the Apex Court in re: Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022)10 SCC 51.
4. On that, learned counsel for the opposite party has no objection.
5. Having heard learned counsel for the parties and having perused the material available on record, since the sections under which the charge-sheet has been filed, are having punishment up to 7 years, therefore, it is needless to say that in such sections, the petitioner may not be taken into the judicial custody. Further, notably, the non-bailable warrants have been issued against the present petitioner but he has given undertaking that he shall appear before the learned court concerned and shall furnish his appropriate surety and bond with an undertaking that he shall participate in the trial proceedings, therefore, in view of the settled law, the liberty of the present petitioner may not be curtailed in a cursory manner.
6. Accordingly, the liberty is given to the petitioner to appear before the learned court concerned and file appropriate application, as observed above, within a period of 15 days and if such application is filed, the same shall be considered and disposed of in the light of the judgements of the Apex Court in re: Satender Kumar Antil (supra) and Amanpreet Singh Vs. CBI through Director, 2021 SCC Online 941,
7. In view of the aforesaid terms, the petition under Section 482 CrPC is disposed of.
Order Date :- 25.10.2024 Shravan