IQRARUDDIN SIDDUQUI v. CENTRAL BUREAU OF INVESTIGATION. ANTI.CORRUPTION.BRANCH LKO
A482/433/2022 · 2025-01-17
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118988 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3112 Court No. - 11 Case :- APPLICATION U/S 482 No. - 433 of 2022 Applicant :- Iqraruddin Sidduqui Opposite Party :- Central Bureau Of Investigation. Anti.Corruption.Branch Lko Counsel for Applicant :- Pranjal Krishna Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Pranjal Krishna, 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 order dated 17.12.2021 passed by the Ld. Special Judge, CBI, Court No. 6, Lucknow so that status of the electronic records in this case be restored to their position held after order passed by the Ld. Special Judge, CBI, Court No. 6, Lucknow on 21.02.2019, so as to secure the ends of justice." Sri Pranjal Krishna has stated that though the pleadings are complete and have been exchanged and the matter is fully ripe for final hearing, but during the pendency of this petition, the learned trial Court proceeded and the issue has been listed before the trial Court for final arguments. He has also submitted that the Coordinate Bench of this Court has passed an order in the present issue and the applicant is willing to place that order before the learned trial Court at the time of arguments so the same may be considered. He has also submitted that the Apex Court has passed an order in Re:- Arjun Pandit Rao Khotkar Vs. Kailash Kushanrao Gorantyal [(2020) 7 SCC 1], clarifying the law laid down by the Apex Court in the case of PV Anwar Vs. P.K. Basheer [(2014) 10 SCC 473] and also upholding the law laid down by the Apex Court in PV Anwar (Supra) and the applicant would be placing reliance of the aforesaid judgement before the learned trial Court and that may be considered in terms of the directions being issued by the Apex Court. Sri Krishna has stated that this petition may be disposed of at the admission stage with the direction that all pleas and grounds which are taken by the applicant during the course of the
arguments may be considered strictly in accordance with law. On that Sri Anurag Kumar Singh has stated that it is needless to
say that those legal arguments which would be placed by the applicant before the learned trial Court at the time of argument, placing reliance of the orders/judgements of the superior Court would not be considered, but those orders/judgements would be considered strictly in accordance with law and all pleas and grounds which would be placed by the applicant before the learned trial Court would be considered strictly in accordance with law. Having considered the submissions of the learned counsel for the parties, I am also of the view that if the applicant places the relevant orders/judgements of the superior Court and takes all pleas and grounds which are available to him at the time of argument would be considered by the learned trial Court strictly in accordance with law, for that there is no need to pass or issue specific direction inasmuch as the learned trial Court is bound to consider such pleas and grounds as well as orders/judgements strictly in accordance with law, considering the applicability of those orders/judgements in the issue in question. Therefore, without entering into the merits, this petition is
disposed of finally at the admission stage, giving liberty to the applicant to take all pleas and grounds which are available to him at the stage of final arguments and may place relevant orders/judgements of the superior Court before the learned trial Court at the time of final argument and the learned trial Court shall consider those pleas and orders/judgements strictly in accordance with law and shall finalise the issue at the earliest by affording opportunity of hearing to the parties concerned.
Order Date :- 17.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench