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2025 DAILYLAW 156231 (ALL)

SIYARAM AGRAHARI v. CENTRAL BUREAU OF INVESTIGATION (A.C.B.) LUCKNOW

/840/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45484 Court No. - 13 Case :- CRIMINAL REVISION No. - 840 of 2025 Revisionist :- Siyaram Agrahari Opposite Party :- Central Bureau Of Investigation (A.C.B.) Lucknow Counsel for Revisionist :- Asim Kumar Singh,Sheikh Abu Huraira Siddiqui Counsel for Opposite Party :- Aakash Prasad Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Asim Kumar Singh, learned counsel for the revisionist, Sri Aakash Prasad, the learned counsel for the respondent- Central Bureau Of Investigation and perused the record. 2. By means of the instant criminal revision filed under Section 397/401 Cr.P.C, the revisionist has assailed the validity of the judgment and order dated 15.07.2025 passed by the Special Judge, Prevention of Corruption Act, C.B.I., Court No. 4, Lucknow in Criminal Case No.10 of 2010, under Section 13(2) read with 13(1) D Prevention of Corruption Act and 65 Information Technology Act read with 43(1) Information Technology Amendment Act), Police Station C.B.I/ A.C.B., Lucknow, whereby an application filed under Section 311 Cr.P.C filed by the prosecution has been allowed. 3. The learned A.G.A has raised a preliminary objection that the impugned order is an introductory order and it is not amenable to the revisional jurisdiction of this Court under Section 397/401 Cr.P.C. In support of the aforesaid submission, he has placed reliance on the decision of the Hon'ble Supreme Court in the case of Sethuraman Vs. Rajamanickam; 2009 5 SCC 153. 4. Confronting the aforesaid objection, the learned counsel for the revisionist states that he may be permitted to not press the revision and he seeks liberty to file an application under Section 482 Cr.P.C. 5. Accordingly, the instant revision is dismissed as not pressed with the aforesaid liberty. 6. Let the certified copies annexed with the revision be returned to the learned counsel for the revisionist after retaining their photocopies of the same on record. Order Date :- 5.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench