Court No. - 1
Case :- APPLICATION U/S 482 No. - 38642 of 2018 Applicant :- Shiban Krishen Razdan Opposite Party :- Central Bureau Of Investigation And Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kaustubh Srivastava, learned counsel for the applicant and Sri Gyan Prakash, learned counsel for C.B.I. and perused the record.
The present crl. 482 Cr.P.C. application has been preferred against the order dated 4.9.2018 passed by learned Special Judge, Prevention of Corruption (C.B.I.), Court No. 1, Ghaziabad as well as the prosecution of the applicant under sections 420, 120-B I.P.C. and 13 (2) read with 13 (1) (d) Prevention of Corruption Act which is at present pending in the court of Special Judge, Prevention of Corruption Act, pending in the Court of Special Judge, Prevention of Corruption (C.B.I.), Court No.1, Ghaziabad as Special Case No.01 of 2018 (arising out of RC No.1202012A0007, Police Station C.B.I., A.C.B. Ghaziabad), C.B.I. Vs. Chaman Rawal and others.
Learned counsel for the applicant submits that the applicant was posted as Assistant General Manager, Canara Bank, Circle Office, New Delhi from August, 2006 to 15th April, 2010, and has retired w.e.f., 30.4.2015 from the services of Canara Bank from the A.R.M., Karol Bagh Branch, New Delhi. He further submits that since the date of his joining, the applicant has been discharging his duties with integrity and honesty and no complaint whatsoever was ever made against him. He has been falsely implicated in the present case, hence the allegation against the applicant is liable to be rejected as he was in no manner a part of any criminal conspiracy neither did he intend to deceive the respondent Bank in any manner whatsoever. The applicant is ready to co-operate with the prosecution in investigation in all manner reasonably demanded by him and is also doing the same at present.
Learned counsel appearing on behalf of C.B.I. opposed the prayer for quashing of the impugned order and prosecution of the applicant in present case and submitted that the case filed by the co-accused Ratan Yadav and another has already been dismissed by this Court on 8.8.2018 in Crl. Misc. 482 Cr.P.C. Application No. 33892 of 2018 by a detailed order and the said order has also affirmed by the Apex Court vide order dated 1.10.2018 passed in S.L.P. (Criminal) No. 8048 of 2018 filed by co-accused persons and thereafter several other petitions have been filed by other co-accused persons which have also been dismissed by this Court.
After having considered the submission advanced by the learned for the parties and perusing the material on record, in view of the order passed by this Court in the matter of co-accused Ratan Yadav and another vs. CB.I. and another being Application U/S 482 No. 33892 of 2018 on 25.9.2018, we have examined the impugned order and the same has been dismissed by this Court by passing a detailed order, hence in view of the same, the present application stand dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.10.2018/Shiraz