GUDDU @ GUDDU BHARADWAJ v. CBI NEW DELHI AND ANOTHER
A482/5495/2025 · 2025-07-18
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150218 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41375 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5495 of 2025 Applicant :- Guddu @ Guddu Bharadwaj Opposite Party :- Cbi New Delhi And Another Counsel for Applicant :- Mohammad Alishah Faruqi,Azizullah Khan Counsel for Opposite Party :- Anuuj Taandon Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri M.A.Faruqui, learned counsel for the applicant and Sri Anuuj Taandon, learned counsel for the C.B.I.
2. By means of this application filed under Section 482Cr.P.C./528 B.N.S.S., 2023, the order being passed by the learned court below rejecting the discharge application has been assailed. However, the present applicant is having appropriate remedy to file revision before the revisional court challenging the aforesaid order. The Hon'ble Apex Court in Re:Vipin Sahni and another Vs. Central Bureau of Investigation; 2024 SCC Online SC 511 has held that the inherent power can be invoked only to make such orders as may be necessary to give affect to any order under this Sanhita, or to prevent abuse of the process of the court to secure the ends of justice, but in the light of aforesaid power the revisional power may not be circumvent. The aforesaid judgment has been followed by this Court in Re.Application u/s 482 No. 9566 of 2024: Kaisar Jaha Vs. The S.P. District Sultanpur and others.
3. Learned counsel for the applicant has, therefore requested that the applicant may be given liberty to file revision before the revisional court and this application may be dismissed being not pressed. The Office may be directed to return all the certified copies, which have been filed with this application.
4. Considering the aforesaid submission of learned counsel for the applicant, this application filed under Section 482Cr.P.C./528 B.N.S.S., 2023 is dismissed being not pressed.
5. The Office is directed to return all the certified copies to the
learned counsel for the applicant, which have been filed with this application, after keeping photostat copy thereof.
6. It is needless to say that while filing the revision, the applicant may explain the delay. (Rajesh Singh Chauhan,J.)
Order Date :- 18.7.2025/Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench