Uttarakhand High Court
ABA/884/2023 on 9 October, 2023
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Date COURT'S OR JUDGES'S ORDERS
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09.10.2023 ABA No.884 of 2023
Hon'ble Alok Kumar Verma, J.
Present Application has been filed
by the applicant-Ravi Kant under Section
438 of the Code of Criminal Procedure,
1973 for grant of Anticipatory Bail under
Sections 120 B read with Section 420,
467, 468 and Section 471 of the Indian
Penal Code, 1860 in connection with the
First Information Report No.
RC0072023S0006, registered at police
station C.B.I., S.P.E., Dehradun, District
Dehradun.
2. Heard Mr. Tapan Singh, learned
counsel for applicant and Mr. Lalit
Sharma, learned counsel for C.B.I.
3. Mr. Tapan Singh, Advocate, submits
that the present applicant has not been
named in the First Information Report.
4. The coordinate Bench of this Court
in Criminal Writ Petition No.1253 of 2013
observed on 14.11.2022:-
"65. In view of what has been
dispelled by this Court in the
aforesaid judgment based upon the
wider principle laid down by the
Hon'ble Apex Court, this Court is of
a considered view that after
scrutinizing the respective order
sheets of the three writ petitions
referred to hereinabove, as well as
the correspondences made by
office of the Registrar General of
this Court, do not leave an iota of
doubts that the judgment which has
been complaint of to be relied, are
non existing judgments on record
and since the police investigation
which was initiated at the hands of
the office of Registrar General of
this Court, had not diligently
pursued the cause by filing a
protest petition, upon intimated
submission of charge sheet and
when apparently a cognizable
offence is said to be made out from
the records, which has been already
discussed above, this Court is of the
view that be it whatsoever,
whosoever, may be involved upto
what higher ranking he possesses,
he cannot be spared at all, at any
cost to malign the prestige of the
institution by preparation of a
fraudulent judgments, which may
have a very wide social bearing of
dispelling the confidence of the
public at large, if such an illegal and
inacceptable act is permitted to be
persuaded by the officials of the
Registry or by anyone else who is
involvement in it and particularly
when a non existing judgments of
the three writ petitions of which the
certified copy has been issued and
had been relied with before the
Company Law Board."
5. Mr. Lalit Sharma, Advocate,
appearing for C.B.I. submits on
instruction, received from the
Investigating Officer, that the applicant's
involvement has come to light in the
investigation, conducted in compliance
with the said order dated 14.11.2022. He
further submits that the investigation is
still in progress. He has sought four
weeks' time to file objection(s) to the
Anticipatory Bail Application.
6. List on 31.10.2023.
7. Objection(s) to the Anticipatory Bail
Application be filed meanwhile.
(Alok Kumar Verma, J.)
09.10.2023
Neha
