SURAJ VISHWAKARMA v. CENTRAL BUREAU OF INVESTIGATION THRU. SUPERINTENDENT OF POLICE LKO.
A482/366/2025 · 2025-01-17
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3124 Court No. - 11 Case :- APPLICATION U/S 482 No. - 366 of 2025 Applicant :- Suraj Vishwakarma Opposite Party :- Central Bureau Of Investigation Thru. Superintendent Of Police Lko. Counsel for Applicant :- Ram Kailash,Rajesh Verma Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ram Kailash, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the CBI. By means of this petition, the petitioner has prayed the following relief:-
"To quash the impugned charge-sheet, under Sections 120-B,409,420,471 and 477A of IPC and Section 13(2) r/w 13(1)(d) of PC Act 1988 & substantive offences thereof, dated 28.12.2020, arising out of First Information Report No. RC0062017A0005 of 2017; under sections 120- B,409,420,471 and 477A of IPC and Section 13(2) r/w 13(1)(d) of PC Act 1988 dated 31.03.2017; related to Police Station- CBI/ACB/Lucknow, District- Lucknow, in respect of applicant; also pleased toquash the summoning order dated 07.07.2022 passed by Learned Special Judge, Prevention of Corruption Act, CBI, Court No.4, Lucknow, in respect of applicant; as well as also pleased toquash the entire proceeding of aforesaid case, in respect of applicant,in the interest of justice. The certified copy of First Information Report No.RC0062017A0005 of 2017; under sections 120-B,409,420,471 and 477A of IPC and Section 13(2) r/w 13(1)(d) of PC Act 1988 & substantive offences thereof dated 31.03.2017, Impugned Charge-Sheet dated 28.12.2020 as well as summoning order dated 07.07.2022 are being annexed herewith this petition as ANNEXURE No. 01, 02 and 03, respectively." After arguing at some length, the learned counsel for the applicant has requested that the applicant may be permitted to file anticipatory bail application before the competent court concerned, inasmuch as during investigation the applicant cooperated in the investigation and he was not taken into judicial custody and charge-sheet has been filed and summoning order has been issued by the Court concerned. He has also stated that he would be placing reliance on the judgement of Apex Court in Re:- Amanpreet Singh Vs. C.B.I. passed in Criminal Appeal No. 929 of 2021 (Arising out of SLP(Crl.) No. 5234/2021), whereby, the Apex court has held that if any accused person cooperated in the investigation and has not been arrested during investigation, he should not be
arrested after filing of the charge-sheet, if there is no cogent reason for arresting him.
Besides, the present applicant has been falsely implicated in the case, therefore, the applicant may file discharge application. Be that as it may, since, the present applicant is requesting that this application may be disposed of finally at the admission stage, providing him the aforesaid liberty, therefore, without entering into the merits of the issue, I hereby disposed of this petition finally at the admission stage, giving liberty to the applicant to approach the competent Court as per legal advice and may file appropriate applications and such application may be disposed of with expedition, strictly in accordance with law. Order Date :- 17.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench