Court No. - 1
Case :- APPLICATION U/S 482 No. - 38810 of 2016 Applicant :- Virendra Singh Opposite Party :- Central Bureau Of Investigation Delhi And Another Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- Amit Misra,Gyan Prakash,Om Prakash Yadav With Case :- APPLICATION U/S 482 No. - 35732 of 2016 Applicant :- Aman Bhasin Opposite Party :- Central Bureau Of Investigation New Delhi And Another Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- Amit Misra,Gyan Prakash,Om Prakash Yadav With Case :- APPLICATION U/S 482 No. - 39589 of 2016 Applicant :- Avdhesh Yadav Opposite Party :- Central Bureau Of Investigation And Spl. Crimes Ii And Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- Amit Mishra,Om Prakash Yadav With Case :- APPLICATION U/S 482 No. - 39594 of 2016 Applicant :- Harish Gangwar Opposite Party :- Central Bureau Of Investigation And Spl. Crimes Ii And Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- Amit Mishra,Om Prakash Yadav
Hon'ble Ramesh Sinha,J.
Counter affidavit filed today by learned counsel for the C.B.I is taken on record.
Heard Sri Manish Tiwary and Swatesh Agarwal, learned counsel for the applicants, Sri Gyan Prakash and Sri Om Prakash Yadav, learned counsel for the C.B.I and perused the record.
The present 482 Cr.P.C., application has been filed for quashing the order taking cognizance dated 07.10.2016 as well as entire proceedings of Special Trial No. 8 of 2006 arising out of Case Crime No RC7(S)/2013/SCU-V/SC-II/CBI/New Delhi under Sections 120 read with 306 IPC Police Station CBI/SCU-V/SC-II District New Delhi pending before learned Special Judicial Magistrate, CBI, District Lucknow.
It has been contended by learned counsel for the applicants that the applicant Virendra Singh is Ex-M.L.A of a political party. There was some dispute between the parties. It is stated that though FIR was registered u/s 364 IPC but subsequently Section 302 IPC was added after recovery of the dead-body of the deceased from a pond on 13.2.2010. Local police conducted investigation of the matter and submitted final report. Thereafter an application was moved by the opposite party no.2 in which further investigation was ordered by the Magistrate in which local police again submitted final report. Thereafter matter was entrusted to C.B.I under the orders of this Court. Thereafter the C.B.I found that it was a case of suicide and the learned Magistrate took cognizance under Section 306, 120-B IPC. He further submits that the applicant Virendra Singh who is Ex-M.L.A is confined on Ventilator since last two months. So far as other accused persons are concerned, they happens to be the men of Virendra Singh. It is stated that as per investigation evidence collected by the C.B.I, there appears to be no evidence to show that the applicants had abetted the deceased for committing the suicide. As per post-mortem, it was found that the cause of death was drowning.
The learned counsel for the complainant opposed the prayer for quashing and submitted that the deceased who was 95 years old, was thrown in the pond and thereafter his dead-body was recovered. It is stated that the grand-son of the deceased was got arrested by the police on account of which the deceased committed suicide. The act of the applicant Virendra Singh and the other accused persons shows that they have abetted the commission of crime and charge sheet was submitted and Court taken cognizance against the applicants.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, I am of the view that no ground is made out to interfere in the matter. Hence the prayer for quashing the cognizance order as well as entire proceedings of the aforesaid case is refused.
It is made clear that the learned Magistrate shall verify the fact whether applicant Virendra Singh is confined on Ventilator or not, thereafter shall proceed if so required in the matter against him.
So far as other accused persons namely Aman Bhasin, Avdhesh Yadav and Harish Gangwar are concerned, it is directed that in case the said applicants appear and surrender before the court below within three weeks from today and applies for bail, their prayer for bail shall be considered and decided by the court below in accordance with law taking into account the aforesaid facts.
For a period of three weeks from today, no coercive action shall be taken against the other accused applicants in the aforesaid case.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring his appearance before it. The trial court is further directed to separate the trial of the other accused-appellants if it is not possible to proceed against accused-appellant Virendra Singh because of his illness.
The interim order stands vacated.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.4.2019 Gaurav