Allahabad High Court
Smt Paru Singh Srivastava vs Central Bureau Of Investigation on 22 May, 2024
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:92217
Court No. - 79
Case :- APPLICATION U/S 482 No. - 13949 of 2024
Applicant :- Smt Paru Singh Srivastava
Opposite Party :- Central Bureau Of Investigation
Counsel for Applicant :- Ashish Kumar,Sr. Advocate
Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Udai Karan Saxena, learned Senior Counsel, assisted by Mr. Ashish Kumar, learned counsel for the applicant, Mr. Gyan Prakash, learned Senior Counsel, assisted by Mr. Sanjay Kumar Yadav, learned counsel appearing for C.B.I. and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 26.09.2019, cognizance order dated 01.07.2019 and proceedings of Special Case No. 05 of 2019 (State Vs. Dr. Jawahar Lal Mishra and others) arising out of Case Crime No. RC09(A)/2015/CBI/ SCB/LUCKNOW, under Section 420 IPC, Police Station CBI/SC/LUCKNOW pending in the court of Special Judge, Anti Corruption, C.B.I., Ghaziabad.
Brief facts of the case which are required to be stated are that on 31.12.2015, first information report was registered being RC No. 0532015A0009 under Section 120B read with Sections 420, 468, 471 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act against three accused persons, namely, Dr. J.L. Mishra, then CMO (FW), Basti (U.P.), Sanjay Kumar Srivastava, Partner, M/s Singh Pharma, Gonda and Manish Katyal, Proprietor, M/s Om Drug Distributors, Lucknow, in which after culmination of investigation, charge-sheet was submitted on 28.06.2019 against Dr. Jawahar Lal Mishra, then CMO (FW), Basti, Sanjay Kumar Srivastava, Partner, M/s Singh Pharma, Gonda, Manish Katyal, Proprietor, M/s Om Drug Distributors, Lucknow, M/s Singh Pharma, Gonda through its partner Sanjay Srivastava and Paru Singh Srivastava (present applicant) as well as M/s Om Drug Distributors, Lucknow through its Proprietor Manish Katyal, on which, concerned Court below took cognizance and summoned them vide order dated 01.07.2019. After that, on depositing proportionate amount of Rs. 4,15,909.60 (Rs. 10,39,774/- + Rs. 2,07,954.80) by accused Sanjay Srivastava, Proprietor, M/s Singh Pharmaceuticals, he was released on bail vide order dated 26.09.2019 by the trial Court.
At the outset, learned Senior Counsel appearing for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and criminal proceedings against the applicant by contending that since applicant's husband/partner of the firm - Sanjay Srivastava (co-accused) has been granted bail vide order dated 26.09.2019, therefore, some protection may be granted to the applicant to surrender before the concerned court below. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.
Learned Senior Counsel appearing for C.B.I. submits that in case the applicant is not pressing the relief as sought for by her on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to her for a short period.
In view of the above, the relief as sought by the applicant in the instant application is refused.
However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 as well as in the light of judgment of the Apex Court in the case of Sanjay Awasthi Vs. State of U.P. and another, 2015 (8) SCALE 61.
For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, she shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 22.5.2024
Shubham
