Allahabad High Court
Yadav Singh Thru Next Friend Sunny Yadav vs Central Bureau Of Investigation New ... on 6 May, 2020
Bench: Pankaj Kumar Jaiswal, Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- HABEAS CORPUS No. - 7939 of 2020 Petitioner :- Yadav Singh Thru Next Friend Sunny Yadav Respondent :- Central Bureau Of Investigation New Delhi Thru Director &Anr Counsel for Petitioner :- Shubham Tripathi Counsel for Respondent :- A S G Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Karunesh Singh Pawar,J.
When the case was taken up today through videoconferencing, Ms. Devanshi Singh, learned Counsel for the petitioner and Mr. S. B. Pandey, learned Assistant Solicitor General of India assisted by Sri Varun Pandey, learned Counsel for the CBI/respondent No.1 appeared.
The petitioner, who is a senior citizen, aged about 62 years and is facing pre-trial incarceration from 11.2.2020, has filed this writ petition for quashing of FIR bearing No.RC/DST/2018/A/0004 dated 17.1.2018 which has been registered for the offences punishable under Section 13 (2) read with 13(1)(b) and 13 (1)(d) of the Prevention of Corruption Act, 1988 and Section 120-B IPC in pursuance of the order dated 16.7.2015 passed in Writ Petition No.1395 (MB) of 2014 by the Allahabad High Court at Lucknow.
The main ground of filing this Habeas Corpus petition is that on 11.2.2020, he was produced before the Special C.B.I. Court, Ghaziabad and was remanded to judicial custody and maximum 60 days is permissible for his custody under Section 167 (2) Code of Criminal Procedure which period has expired on 10.4.2020 and therefore, he cannot be remained in custody and this fact has not been considered by the learned Special Trial Court while passing the order dated 17.4.2020 whereby his application for bail under Section 167 (2) CrPC has been rejected and his custody amounts to violation of personal liberty and fundamental rights guaranteed under Article 21 of the Constitution of India.
In addition to the aforesaid, it is alleged that the sentence which has been provided under the aforesaid provision is maximum upto seven years and therefore, in pursuance of the order passed by the Apex Court dated 23.3.2020 and Minutes of the High Power Committee dated 27.4.2020, the detention is illegal and prays for immediate release from the jail.
A counter affidavit has been filed by the CBI wherein an objection has been raised regarding territorial jurisdiction of this Court. Though a detailed rejoinder affidavit has been filed, but during the course of arguments, learned counsel for the petitioner very fairly prays for withdrawl of this writ petition with liberty to file a fresh petition at Allahabad alongwith the pleadings exchanged before this Court in this petition.
To the aforesaid, Sri S. B. Pandey, learned counsel for respondent No.1 has no objection.
In view of the aforesaid, the writ petition is dismissed as withdrawn with liberty to file a fresh petition at Allahabad alongwith the pleadings exchanged before this Court in this petition so that no delay will be occurred in praying for grant of interim relief.
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[Karunesh Singh Pawar, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 6.5.2020 lakshman