Court No. - 1
Case :- APPLICATION U/S 482 No. - 9053 of 2018 Applicant :- Sayan Roy Opposite Party :- Central Bureau Of Investigation And Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and Sri Rajesh Tripathi holding brief of Sri Gyan Prakash, learned counsel for the respondents.
This application u/s 482 Cr.P.C. has been preferred with the prayer to quash the impugned order dated 19.12.2017 passed by learned Special Judicial Magistrate C.B.I. Ghaziabad in F.R. No. 07 of 2016, arising out of Case Crime No. RC- 3(S)/2010-SCU. V/SC-II, New Delhi, under sections 120B, 302, 201 IPC, P.S. C.B.I.Ghaziabad, District Ghaziabad as well as the entire proceedings of F.R.No. 07 of 2016.
It has been argued by learned counsel for the applicant that the investigation of the case was entrusted to the C.B.I. which submitted twice closure report in the matter as the deceased died on account of drowning in the institution in question where he was studying along with the applicant and other accused persons. He submitted that from perusal of the material collected during the course of investigation, no offence is disclosed against the applicant.
Learned counsel for the applicant further submitted that the order passed by the learned Magistrate summoning the applicant and other accused who were friends of the deceased on the protest petition filed by the opposite party no. 2 on closure report submitted by the C.B.I. shows that the learned Magistrate has passed the impugned orders summoning them without there being any cogent material against them.
Learned counsel for the C.B.I. vehemently opposed the aforesaid prayer.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court in its inherent power under Section 482 Cr.P.C.
The application lacks merits and is accordingly dismissed.
Order Date :- 29.3.2018 A.K.Srivastava