Allahabad High Court
Satish Gulati vs State Of U.P. Thru. Cbi Lko on 30 January, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- APPLICATION U/S 482 No. - 717 of 2023
Applicant :- Satish Gulati
Opposite Party :- State Of U.P. Thru. Cbi Lko
Counsel for Applicant :- Prashant Kumar,Sarvesh Kumar Tiwari
Counsel for Opposite Party :- Anurag Kumar Singh
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Prashant Kumar, learned counsel for the petitioner and Sri Anurag Kumar Singh, learned counsel for the C.B.I.
By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for the following reliefs:-
"(i) to quash the order dated 15.12.2022 passed by the learned Special Judge, C.B.I., Court No.2, Lucknow in Criminal Misc. Case No.61 of 2020 (State through C.B.I. vs. Sachidanand Dubey) in respect to R.C. No.0062014A0008, at P.S.-C.B.I. A.C.P. Lucknow whereby cognizance against the applicant/ petitioner has been taken under Section 120-B, 409, 420, 468 & 471 I.P.C. and Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988, and further applicant/ petitioner has also been summoned to appear before the concerned court.
(ii) It is further prayed to quash the order dated 16.01.2023 passed by the learned Special Judge, C.B.I, Court No.2 Lucknow in Criminal Misc. Case No.61 of 2020 (State through C.B.I. vs. Sachidanand Dubey) in respect to R.C. No.0062014A0008, at P.S.-C.B.I. A.C.P. Lucknow whereby bailable warrant has been issued against the accused including the applicant/ petitioner.
(iii) It is further prayed that the committal proceedings initiated in Criminal Misc. Case No.61 of 2020 (State through C.B.I. vs. Sachidanand Dubey) in respect to R.C. No.0062014A0008, at P.S.-C.B.I. A.C.P. Lucknow may be dropped and/ or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstnces of the case.
(iv) It is further prayed that during the pendency of the present petition, further proceedings in Criminal Misc. Case No.61 of 2020 (State through C.B.I. vs. Sachidanand Dubey) arises out of R.C. No.0062014A0008, at P.S.-C.B.I. A.C.P. Lucknow under Sections 120-B, 409, 420, 468 & 471 I.P.C. and Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 may kindly be stayed, so far as it relates to the present petitioner."
Sri Prashant Kumar has drawn attention of this Court towards Annexure No.9 of the bail application, which is an order dated 11.01.2019 passed by the Apex Court, wherein the present petitioner has been granted protection. For confenience, the order dated 11.01.2019 is being reproduced here-in-below:-
"ITEM NO.47 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 64/2019
(Arising out of impugned final judgment and order dated 19-12-2018 in CRLMC No. 8221/2018 passed by the High Court of Judicature At Allahabad, Lucknow Bench)
SATISH GULATI Petitioner(s)
VERSUS
CENTRAL BUREA OF INVESTIGATION LUCKNOW Respondent(s)
(FOR ADMISSION and I.R. and IA No.1447/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1448/2019-EXEMPTION FROM FILING O.T.)
WITH
SLP(Crl) No. 77/2019 (II)
(FOR ADMISSION and I.R. and IA No.1175/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1176/2019-EXEMPTION FROM FILING O.T.)
Date : 11-01-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE S. ABDUL NAZEER
For Petitioner(s) Mr. Jayant Bhushan, Sr. Adv.
Mr. Guru Krishna Kumar, Sr. Adv.
Mr. Talha Abdul Rahman, AOR
Mr. Prashant Kumar, Adv.
Mr. Ketan Paul, Adv.
Mr. Tushar, Adv.
Mr. Lakshyadeep Srivastava, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. Jayant Bhushan, learned senior counsel for the petitioner,has drawn our attention to the Order dated 2.11.2018 passed by this Court in S.L.P. (Crl.) No. 9017 of 2018 etc. titled "Sachidanand Dubey vs. Union of India & Anr., which was a case of the co-accused, and the following Order was passed:
"Heard learned senior counsel appearing for the petitioner.
In the nature of order we propose to pass, notice need not be issued to the respondents.
The petitioner is aggrieved since his application(s) under Section 482 have been dismissed by the High Court.
On a query, it is pointed out that the investigation has been completed and the police has filed its report(s) under Section 173(2) Cr.P.C. before the Trial Court and the Court has summoned the petitioner.
The petitioner may surrender before the Trial Court within four weeks from today and on such surrender the petitioner shall be released on bail on his furnishing bail bond to the tune of Rs. 1,00,000/- with two solvent sureties for the like amount and subject to any other conditions that may be fixed by the Trial Court.
It will also be open to the petitioner(s) to file application for discharge, in which case the same will be considered on its own merits.
The special leave petitions are, accordingly, disposed of."
We dispose of these Special Leave Petitions on the same terms. Pending applications, if any, shall also stand disposed of.
(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)
AR-CUM-PS BRANCH OFFICER"
Sri Prashant Kumar has further stated that in the same proceedings another charge-sheet has been filed, which is impugned herein, therefore, the proceedings pursuant to that charge-sheet may be stayed and the entire proceedings may be quashed.
Sri Anurag Kumar Singh, learned counsel for the C.B.I. has submitted that on the basis of credible materials and the evidences the supplementary/ additional charge-sheet has been filed in the same C.R. number, therefore, such proceedings may neither be stayed nor be quashed in the petition filed under Section 482 Cr.P.C.. However, for redressal of his grievance the present petitioner may very well move an anticipatory bail application and may take all pleas and grounds which are available to him.
On that, Sri Prashant Kumar has stated that liberty may be given to the present petitioner to file anticipatory bail application before the appropriate court of law but till disposal of the anticipatory bail application any protection may be given to the present applicant inasmuch as he has been continuously appearing before the court concerned pursuant to the same R.C. number in compliance of order dated 11.01.2019 passed by the Apex Court and he has never flouted the liberty being protected by the Apex Court.
Therefore, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the present petitioner to file appropriate anticipatory bail application before the court concerned with expedition, preferably, within a period of ten days from today and if such application is filed, the learned court concerned may dispose of the same with expedition, strictly in accordance with law, without giving any unnecessary adjournment to any of the parties.
Till filing of the anticipatory bail application or the period of ten days whichever is earlier, no coercive action shall be taken against the present petitioner. However, if the present petitioner does not file anticipatory bail application before the court concerned within the aforesaid stipulated time i.e. within a period of ten days, the benefit of this order shall not be extended to him.
Order Date :- 30.1.2023 [Rajesh Singh Chauhan,J.]
Suresh/
