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2015 DIGILAW 40 (ALL)

Ravi Prakash v. Dir. , C. B. I. , Regional Office Lucknow

2015-01-09

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and learned counsel for the CBI. 2. By means of this petition, under Section 482 , Cr.P.C., the petitioner has prayed for quashing the impugned order dated 05.01.2015 passed by learned Special Judicial Magistrate (CBI), Lucknow in Case No.18 of 2014 (CBI Vs. Ravindra Kumar Yadav and others) arising out of RC No.5(s) of 2012, under Sections 420, 468, 471 read with Section 120-B IPC, Police Station CBI/STF/ND and to grant one month time to surrender before the learned court below in pursuance of non bailable warrant issued against the petitioner vide order dated 01.12.2014, 15.12.2014, 24.12.2014 and 05.01.2015. 3. It has been contended by learned counsel for the CBI that earlier Criminal Misc. Application (under Section 482 , Cr.P.C.) No.3103 of 2014 along with Criminal Misc. Application (under Section 482 , Cr.P.C.) No.3167 of 2014 had been moved by the petitioner, which was dismissed by this Court vide order dated 05.09.2014. Against the order dated 05.09.2014, the petitioner moved Special Leave to Appeal (Criminal) No.7909 of 2014 before the Apex Court, which is still pending and there is no interim order in the said appeal. 4. Having considered the prayer made in the petition, the petitioner is directed to appear before the trial court within four weeks from today and move an application for recall of the non bailable warrant. In case, such application is moved, the same shall be considered and disposed of by the trial court expeditiously in accordance with law. 5. For a period of four weeks from today, no coercive steps shall be taken against the petitioner. With the aforesaid observation, the petition is disposed of.