Allahabad High Court
Rishi Dutt Sharma vs C.B.I. Thru. S.P., A.C.B., Lko & Another on 15 July, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 2265 of 2019 Applicant :- Rishi Dutt Sharma Opposite Party :- C.B.I. Thru. S.P., A.C.B., Lko & Another Counsel for Applicant :- Sheeran Mohiuddin Alavi Counsel for Opposite Party :- A.S.G. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.
This application under Section 482 Cr.P.C. seeks quashing of charge-sheet dated 10.09.2018 arising out of FIR No.RC0062010A0027 (RC No.27 (A)/2010), under Section 120-B read with Sections 409, 420, 468, 471, 477(A), 411 and 201 I.P.C. and Sections 13(2) read with Sections 13(1(d) Prevention of Corruption Act, Police Station C.B.I./A.C.B./Lucknow and summoning order dated 27.09.2018 passed by the Court of Learned Special Judge, C.B.I. West, Lucknow in Criminal Misc. Case No.1433 of 2018, Order dated 05.03.2019 passed by the Court of Special Judge, C.B.I. West, Lucknow, whereby the Non-Bailable Warrant against the applicant has been issued and the order dated 19.04.2019 passed by the Court of Special Judge, C.B.I. West, Lucknow, whereby the proceedings of Section 82 Cr.P.C. have been initiated against the applicant.
After arguing at some length, learned counsel for the applicant submits that he would like to file an application for discharge under the provisions of the Cr.P.C. to which learned counsel for the C.B.I. does not dispute.
Accordingly, the applicant is granted liberty to file an application before the trial Court concerned in conformity with the provisions of Cr.P.C. within a period of ten (10) days from today, which shall be considered and decided by the trial Court within next thirty (30) days. The petitioner is also granted liberty to appear through his counsel.
Till expiry of aforesaid period of forty (40) days, no coercive steps shall be taken against the applicant.
With the aforesaid observations/directions, the petition stands disposed of.
Order Date :- 15.7.2019 Amit/-