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2025 DAILYLAW 7273 (ALL)

LOKESHWAR PRASAD MATHUR v. CBI

A482/6304/2022 · 2025-02-27

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29024 Court No. - 78 Case :- APPLICATION U/S 482 No. - 6304 of 2022 Applicant :- Lokeshwar Prasad Mathur Opposite Party :- Cbi Counsel for Applicant :- Vivek Kumar Maheshwari Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. 3. Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sumit Kewarwani holding brief of Sri Sanjay Kumar Yadav for the opposite party/CBI. 4. The record show that initially on the first day of presentation of the matter on 25.3.2022 the matter was got adjourned on the request of learned counsel for the applicant and the following order was passed: "Heard learned counsel for the applicant and Shri Gyan Prakash, Sr. Advocate assisted by Shri Sanjay Kumar Yadav, learned counsel for the opposite party no.1/ CBI. As prayed by counsel for the applicant, put up as fresh on 29.04.2022." 5. Subsequently on 29.4.2022 learned counsel for the CBI had prayed for time to file counter affidavit and prayer was allowed. Then on 15.10.2024 there was illness slip reported of learned counsel for the applicant and honoring the same the matter was adjourned. No rejoinder affidavit was filed to the counter affidavit of the CBI and the following order was passed by this Court: "1. There is an illness-slip reported of Sri Vivek Kumar Maheshwari, learned counsel for the applicant. Sri Sanjay Kumar Yadav, learned counsel for the C.B.I is present. 2. Since there is an illness-slip, honoring the same, the matter is adjourned for today. 3. Counter affidavit of learned counsel for the C.B.I is on record but the records do now show filing of any rejoinder affidavit. Learned counsel for the C.B.I submits that he has not received any rejoinder affidavit to the same. 4. Let the matter be listed on 18.11.2024." 6. Today in the revised list there is no representation on behalf of the applicant. 7. Present application under Section 482 Cr.P.C. has been filed with prayer to quash the impugned judgment and order dated 09.03.2021 passed by the Special Judicial Magistrate, C.B.I., Ghaziabad in Case No. 04 of 2014, (C.B.I. Vs. Lokeshwar Prasad Mathur) RC 120 2013 A 0005 of 2013 Under Section 468, 471, 473 of IPC, Police Station C.B.I. ACB, Ghaziabad and the Judgment and Order dated 08.11.2021 passed by Special Judge (Prevention of Corruption) C.B.I., Court No.-01, Ghaziabad in Criminal Revision No. 79 of 2021 (Lokeshwar Prasad Mathur Vs. CBI). 8. Since there is no representation even in the revised list on behalf of the applicant to press this application under Section 482 Cr.P.C., the same is dismissed for non prosecution. Order Date :- 28.2.2025 Kumar Manish (Samit Gopal,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad