Court No. - 20 Case :- U/S 482/378/407 No. - 2773 of 2010 Petitioner :- Mohd. Naseem Respondent :- Central Bureau Of Investigation (Sfe/Acb) Lucknow And Anors. Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- Bireshwar Nath Hon'ble Raj Mani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned counsel for the
C.B.I.
This petition under Section 482 Cr.P.C has been filed by Mohd.
Naseem to quash the sanctioned order dated 17.02.2009 and
order of taking cognizance dated 03.05.2010 passed by Special
Judge, Anti Corruption (West), Lucknow and also to quash the
entire proceeding in Criminal Case No. 9 of 2009 arising out of
the chargesheet filed by the Investigating Officer on the First
Information Report No. 0062007 A 0019 under Sections 120 B,
420, 468 and 471 IPC & 13(2) read with 13 (1)(d) of the
Prevention of Corruption Act, 1988.
The submission of the learned counsel for the petitioner is that
one Sri Ashok Kumar alias Ashok Kumar Shukla the then Senior
Divisional Finance Manager, North Central Railway, Allahabad
and other officers were chargesheeted by the Investigating
Officer. Sri Shukla had already filed petition under Section 482
Cr.P.C. for quashing the chargesheet in which the another Bench
of this Court was pleased to stay the operation of order dated
30.03.2009 as against Sri Shukla. The petitioner is subordinate to
Sri Ashok Kumar Shukla. The allegations against the petitioner
are almost the same as against Sri Shukla. Therefore, the
petitioner is entitled to the same relief during the pendency of the
present petition.
Considering the submissions of the learned counsel for the
applicant and learned counsel for the C.B.I..
This petition be tagged with Crl. Misc. Case No. 1663 of 2009
and be listed in the second week of July, 2010.
In the meantime, learned A.G.A. may file counter affidavit.
Till then, no coercive measure shall be adopted by the trial court
to procure the attendance of the accused.
Order Date :- 22.6.2010
Amit