Court No. - 71
Case :- APPLICATION U/S 482 No. - 3414 of 2019 Applicant :- Ghanshyam Tiwari Opposite Party :- Central Bureau Of Investigation And Another Counsel for Applicant :- Jai Prakash Yadav Counsel for Opposite Party :- Gyan Prakash
Hon'ble Siddharth,J.
Learned counsel for the applicant is permitted to correct the prayer during the course of the day.
Heard Shri Virendra Pratap Singh holding brief of Shri Jai Prakash Yadav, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.8.2018 as well as N.B.W. dated 22.10.2018 passed in Criminal Case No. 1616 of 2018 (State Vs. Ajay Kumar Srivastava and others) under sections 120-B, 409, 420, 467, 468, 471 I.P.C. & Section 13(2) read with Section 13(1) C & D of P.C. Act, 1988 P.s. C.B.I./A.C.B. Lucknow pending before the Court of Special Judge, C.B.I. Court no.3., Lucknow.
The contention of learned counsel for the applicant is that Kamlesh Prasad Lal godown incharge along with Nilesh Utpal, Jai Prakash Singh, Subhash Chand Srivastava, Umrao Singh, Awadhesh Singh, Satendra Kumar Rai and Shriprakash Mishra have already been granted bail by this court.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
However, it is directed that in case the applicant appears and surrender before the court below within two months from today and apply for bail, his prayer for bail shall be considered and decided in view of the judgement and order dated 08.07.2016 passed by this Court in the case of Brahm Singh & others Vs. State of U.P. and others in Criminal Misc. Writ Petition No.15609 of 2016 after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Till than no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.1.2019 Atul kr. sri.