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High Court of DelhiCRL.M.C./1850/2022

Ravindra Prakash v. Central Bureau Of Investigation

2024-05-16Hon'Ble Mr. Justice Navin Chawla2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1850/2022 & CRL.M.A. 7847/2022, 7848/2022 RAVINDRA PRAKASH ..... Petitioner Through:

Mr.Salman Hashmi, Ms.Sana Hashmi, Mr.Zeeshan Hashmi, Advs.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through:

Mr.Nikhil Goel, SPP with Ms.Siddhi Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 16.05.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.RC/217/2011/A0001, registered at Police Station: CBI, New Delhi, for offence under Sections 120B read with Sections 420/468/471 of the Indian Penal Code, 1860 (in short, 'IPC') and Section 13(2) read with Section 13(1)(c) & 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 (in short, 'PC Act').

2.

The learned counsel for the petitioner submits that in spite of closure report being filed twice, the learned Special Judge (PC Act) CBI-02, Rouse Avenue District Courts, vide its order dated 27.03.2021 rejected the closure report, and by the subsequent order dated 07.02.2022, taking cognizance of the case, summoned inter alia the petitioner for offence under Section The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:31:11

120B read with Sections 468 and 471 of the IPC and Section 13(2) read with Section 13 (1) (d) (ii) of the PC Act, under Section 108 read with Section 13 (1) (d) (ii) of the PC Act, and substantive offences under Section 471 of the IPC and 13 (1) (d) (ii) of the PC Act. I am informed that the trial is now at the stage of arguments on charge.

3.

Having heard preliminary submissions of the learned counsel for the petitioner, I find that the submissions made should be better addressed before the learned Trial Court at the stage of considering the question of framing of charges. 4.

Accordingly, the present petition is disposed of reserving liberty to the petitioner to file afresh in case any adverse order is passed against the petitioner by the learned Trial Court at that stage. 5.

Subject to the orders passed by the learned Trial Court seeking personal appearance of the accused, the petitioner may appear virtually through counsel before the learned Trial Court. 6.

The pending applications also stand disposed of. NAVIN CHAWLA, J MAY 16, 2024 RN Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:31:11