SANJEEV KUMAR RASANIA Vs. CBI

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C. seeking quashing of criminal proceedings against the Petitioner herein in Case No. CBI/0000048/2019 pending before Ld. Special Judge (P.C. Act), CBI, Rouse Avenue, arising out of FIR No. 006/2010/A0014/ACB/Lucknow under Sec. 120B read with Ss. 420/468/471 of the Indian Penal Code (hereinafter, "IPC") and Sec. 13(2) read with Sec. 13(1)(D) of the Prevention of Corruption Act, 1988 (hereinafter, "the P.C. Act").

(2.) The facts, in brief, leading up to this petition as follows:

(3.) Mr. Somiran Sharma, learned Counsel appearing for the Petitioner, submits that the Order dtd. 29/7/2019, wherein this Court had remanded the matter back to the Ld. Trial Court thereby setting aside the Order 7/10/2015 discharging the Petitioner, did not direct an open remit, but only granted conditional remit. He submits that the condition that was stated in the Order dtd. 29/7/2019 was that there was a videography of the inspection dtd. 20/10/2008 and that the same had to be provided to the accused before the matter being considered afresh. Mr. Sharma submits that as per the Affidavit filed by the CBI dtd. 19/10/2020, no such videography is available and that even if, for arguendo purposes, such a videography exists, the same is not relevant as the alleged incident occurred on 26/9/2008. The learned Counsel for the Petitioner, therefore, submits that the very basis for remanding the matter back to the Ld. Trial Court goes away.