DR. PRABHAT KUMAR SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS
CRLR/976/2025 · 2025-03-04
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25083 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25083 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31304 Court No. - 78 Case :- CRIMINAL REVISION No. - 976 of 2025 Revisionist :- Dr. Prabhat Kumar Srivastava Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ram Babu Sharma, learned counsel for the revisionist, Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for the CBI/opposite party nos. 2 to 4 and Sri Ajay Singh, learned AGA-I for the State/opposite party no.1 and perused the record.
3. This revision under Section 438/442 of BNSS has been filed by the revisionist Dr. Prabhat Kumar Srivastava, with the prayer to allow the present revision and set aside the orders dated 27.01.2025 and 14.02.2025 passed by the Special Judge, Prevention of Corruption, Central Bureau of Investigation, Ghaizabad in Special Case No. 03 of 2019 (CBI Vs. Dr. Kewlanand Joshi and others) relating to RC No. 0532016A0002, under Sections 120-B r/w 420, 471 IPC and 13(2) r/w 13(1)(d) P.C. Act, 1988, Police Station CBI/SCB/Lucknow and with a further prayer to stay the effect and operation of the said orders of the aforesaid case, during the pendency of the present revision.
4. At the very outset, learned counsel for the revisionist states that the purpose of the revisionist would suffice if an order is passed directing the trial court to decide the bail application of the revisionist, as expeditiously as possible. He further states that although the prayer has been made for quashing and stay the proceedings of the case but he does not press the same. Learned counsel for the revisionist further states while placing page 16 of the affidavit that vide orders dated 27.01.2025 and 14.02.2025 non bailable warrants have been issued against the revisionist.
5. Learned counsel for the State has no objection of aforesaid
arguments of learned counsel for the revisionist.
6. In view of the above, the prayer for set aside the said orders as well as stay of the proceedings is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the revisionist, it is directed that if the accused-revisionist surrenders before the trial court and applies for bail within three weeks from today, the same shall be considered and decided expeditiously in accordance with law. Further, it is directed that non bailable warrants as issued against the revisionist by the court concerned vide orders dated 27.01.2025 and 14.02.2025 shall be kept in abeyance till said period.
8. It it clarified that if the accused-revisionist does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.
9. The present revision is disposed of.
Order Date :- 5.3.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad