Court No. - 71
Case :- APPLICATION U/S 482 No. - 7616 of 2019 Applicant :- Keshav Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.,Gyan Prakash
Hon'ble Siddharth,J.
Heard counsel for the applicant and Sri Gyan Prakash learned counsel appearing on behalf of C.B.I.
The present applicant u/s 482 has been filed to quash the charge sheet no. 19 of 2018 dated 17.12.2018 in Crime No. 1 of 2019 in pursuance of FIR No. (RC) 219/2017/E0012 CBI, E.O.- I/New Delhi (C.B.I. vs. Hariom Gupta & others) under Sections 420, 467, 468, 471, 120-B I.P.C., pending in the court of Special Judicial Magistrate (C.B.I.), District- Ghaziabad.
The submission is that the applicant has made part payment of the loan and has not misused any amount of loan sanctioned to him. Learned counsel for the applicant states that his implication in the present case is unwarranted in law.
Without entering into merits of the arguments the applicant is granted liberty to move discharge application through counsel within a period of one month before the court below which shall be disposed within two months thereafter. The applicant shall furnish bond under Section 88 Cr.P.C. to secure his presence before the court. In case of failure to appear before the court proceedings under Section 229-A I.P.C. shall be initiated against him.
Till the discharge application is decided by the court below no coercive measures shall be taken against the applicant.
The application is disposed of.
Order Date :- 28.2.2019 Rohit