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2025 DAILYLAW 75337 (ALL)

CHANDRA KANT KHEMKA v. STATE OF U.P. AND ANOTHER

NA528/24976/2025 · 2025-08-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133524 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24976 of 2025 Applicant :- Chandra Kant Khemka Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Sunil Vashisth, learned counsel for the applicant files supplementary affidavit annexing statement given by the witnesses during the course of investigation, the same is taken on record. 2. The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash entire criminal proceedings of Case No. 2147/IX/2017 (State Versus Anil Ghai and another) arising out of charge-sheet in Case Crime No.129 of 1999, Police Station Vrindavan, District Mathura including the summoning order dated 23.03.2017 passed by C.J.M. Mathura under Sections 419, 420, 467, 468, 471 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Mathura. 3. Learned counsel for the applicant submits that informant of the Case Crime No.70 of 1999 lodged F.I.R. against eight named persons. During investigation first five accused have been charge- sheeted and the investigation was continuing against remaining accused. He has further submitted that accused no.5, Ruchi Goel has filed an application under Section 482 Cr.P.C. No.5533 of 2001, wherein proceeding arising out of Case Crime No.53/IX/2001 (State Versus Bhikki Lal) has been stayed till further orders in respect of Ruchi Goel. He further submits that in the year 2003, the Economic Offences Wing has started further investigating in the matter and the name of the present accused- applicant came into picture being one of the director of the Finance Company, run in the name of Raman Plantation. The company was working as non-banking financial institution. The informant has invested nearly fourteen lakh rupees in the company in the year 1997 with assured return on maturity in the year 1999. The charge- sheet is submitted by EOW on 15.02.2017. It is further contended that accused-applicant does not have any active role in the company and is of 59 years of age with old age related ailments. 4. Learned A.G.A. has opposed the prayer of the applicant. 5. Considering the fact that the matter is of year 1999, wherein eight specifically named persons have been made accused in the case, the charge-sheet is submitted against five accused. Further investigation took nearly 10 year in submission of charge-sheet in year 2017, the accused-applicant came to know about the pendency of trial in first week of May, 2025 and apprehending arrest in the matter. 6. This Court does not find it to be a fit case to entertain as the matter pertains to financial fraud and duping the informant of his money invested. 7. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the bail application through counsel, hence, the accused-applicant shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, he should appear before the trial court through counsel and apply for bail. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that the accused-applicant has not been arrested during investigation. 8. Hence, application is disposed of accordingly. Order Date :- 7.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad