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2020 DIGILAW 480 (UTT)

Vijay Kumar Kushwaha v. Central Bureau Of Investigation, Dehradun

2020-11-23

SUDHANSHU DHULIA

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JUDGMENT Sudhanshu Dhulia, J. - These cases have been heard through video conferencing. 2. Miscellaneous application (IA No.11139 of 2020) is allowed. Supplementary affidavit filed on behalf of petitioner (In WPCRL No.1237 of 2018) is taken on record. 3. In all these writ petitions, the first information report has been lodged by the CBI against all the petitioners under Sections 120-B, 420, 468 and 471 of IPC and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, at Police Station CBI, SPE, District Dehradun. 4. Pursuant to this first information report, they had approached this Court by filing of the aforesaid writ petitions. The principal relief sought by the petitioners in all these writ petitions was that their arrest may not be done. Since a statement was made by the learned Counsel for the CBI Mr. Sandeep Tandon before the Court that CBI had no intention of arresting any of the petitioners, the arrest of petitioners has not been made. 5. Meanwhile, the CBI has also filed a charge-sheet in the matter before the court concerned. Now the matter is before the court. Since the matter is before the Court and the charge-sheet has already been filed in the matter, the petitioners would be at liberty to move Criminal Miscellaneous Application under Section 482 of CrPC for the same relief before this Court, as the present prayer in all these petitions is only for the quashing of the FIR. To that extent these petitions have become infructuous since now charge-sheet has already been filed. The relief sought by the petitioners in the present writ petitions cannot be granted in these petitions. 6. This Court has been informed by Mr. Sandeep Tandon, Advocate for the CBI, that in many of these writ petitions, the petitioners have already filed C482 petitions. In the remaining petitions, where a C482 petition has not been filed, we give two weeks' time to the remaining petitioners to file C482 petitions. 7. Learned Counsel for the CBI Mr. Sandeep Tandon has assured this Court that the CBI is not going to make any arrest for a period of two weeks' in order to enable the remaining petitioners to file C482 petitions. 8. With the aforesaid observation and direction, the writ petitions stand disposed.