Neutral Citation No. - 2025:AHC:132372 Court No. - 82 Case :- APPLICATION U/S 528 BNSS No. - 28463 of 2025 Applicant :- Narendra Kumar Jain Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- Rahul Srivastava Hon'ble Sameer Jain,J. 1. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for the CBI. 2. The instant application u/s 528 BNSS has been filed by the applicant to quash the order dated 15.7.2025 as well as further proceeding of Special Case No. 10 of 2014 arising out of FIR No. RC No. 1202013A0017/CBI/ACB/Ghaziabad, under section 120- B readwith 409, 420, 467, 468, 417 IPC and Sections 13(2) readwith 13(1)(d) Prevention of Corruption Act, P.S. CBI/ACB/Ghaziabad pending int he court of learned Special Judge, Anti Corruption CBI Ghaziabad. 3. Learned counsel for the applicant submitted that applicant is facing trial in the present matter and during trial, however, earlier time was granted to him to inspect the document in the CBI office but due to his old age, he could not inspect the documents lying in CBI office and therefore, on 15.7.2025, he moved an application with a prayer that those documents may be called in the court concerned so as his counsel can inspect the same but court concerned on the same day dismissed his application on the ground that it has not been mentioned in the application dated 15.7.2025 that under which provision the same has been moved. 4. He next submitted that the order dated 15.7.2025 passed by the court concerned is wholly illegal. 5. He further submitted that even if the provision under which, application was moved has not been mentioned in the application then also Court was having power to consider the application of the applicant on merit and the same should be considered on merit but instead of doing so on technical ground, his application has been dismissed and therefore, order dated 15.7.2025 passed by the court concerned is illegal and is liable to be quashed. 6. Per contra, learned counsel for the CBI however, opposed the prayer but could not dispute the fact that if power was vested with the Court to consider the application moved by the applicant on merit then merely on the ground that it has not been disclosed in the application that under what provision the same was moved, the application of applicant should not be dismissed. He suggested that the matter may be remitted back to the court concerned with a direction to consider the application moved by the applicant on merit. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects that applicant is facing trial of the present case and however, earlier ten days time was given to him to inspect the document of the case lying in the CBI office but on 15.7.2025, he moved an application before the trial court that as he is aged about 74 years, therefore, he is unable to inspect the documents in CBI office and therefore, documents may be summoned, so as in the court his Counsel may inspect the same but without considering the merit of the application, his application has been dismissed by the court concerned merely on the ground that under which provision, his application has been moved has not been disclosed in his application. 9. In view of this Court, order dated 15.7.2025 passed by court concerned is illegal as even if the provision of law has not been disclosed in an application then also merely on this ground, the same should not be dismissed, if otherwise Court is having authority to pass the order on merit and such application should be disposed of on merit. 10. In view of the above, the order dated 15.7.2025 passed by the court concerned is, hereby, set aside and matter is remitted back to the trial court with a direction to decide the application dated 15.7.2025 moved by the applicant on merit after hearing both the parties, in accordance with law. 11. With the aforesaid direction, the instant application stands disposed of. Order Date :- 6.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad