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MUKESH KUMAR GUTA versus UNION OF INDIA & OTHERS

High Court of Judicature at Allahabad

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Mukesh Kumar Guta v. Union Of India & Others - APPLICATION U/s 482 No. 17021 of 2005 [2005] RD-AH 6492 (28 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Mukteshwar Prasad J.

Heard Sri J.S. Sengar, holding brief of Sri S.P.S. Raghav, learned counsel for the applicant and Sri Rakesh Mohan, learned counsel for Union of India, respondent no.1. and perused the record carefully.

This application under Section 482 Cr.P.C. has been filed by the accused-applicant for quashing the entire proceedings arising out of charge sheet dated 9.11.2005 submitted by C.B.I. against the applicant and two others. Learned counsel for the applicant has submitted that on the very first date the court below issued warrant of arrest against all the accused including the applicant. It has also been urged that co-accused Ashwani Kumar Jain and Balbir Singh Sethi approached this Court for the identical relief and this Court stayed the execution of warrant of arrest vide order-dated 22.11.2005. Learned counsel for Union of India has submitted that the applicant is the main accused in the case. Moreover, in view of Section 19 of Prevention of Corruption Act proceedings of the case cannot be stayed.

I find force in the contention of learned counsel for Union of India and the question of quashing of charge sheet at this stage does not arise.

It is correct that on the very first date learned Judge (C.B.I.) issued warrant of arrest against the applicant and two others. The applicant is willing to appear in the court below by 6.12.2005.

This application under Section 482 Cr.P.C. stands disposed of finally with a direction that in case the applicant appears/surrenders in the court below on 6.12.2005, his prayer for bail shall be considered and decided expeditiously as per decision of this Court given in Smt. Amarawati and another Vs. State of U.P., reported in 2004 (57) A.L.R. 390.  Till 6.12.2005 the execution of warrant of arrest issued against the applicant shall remain stayed.

A copy of this order be made available to learned counsel for the applicant by tomorrow on payment of usual charges.

28.11.2005

OP/17021/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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