DILIP KUMAR CHANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition under Section 482 Cr.P.C. has been filed with a prayer to quash order dated 07.01.2020 passed by learned Additional District and Sessions Judge/Special Judge, C.B.I., Court No.1, Lucknow in Criminal Case No.1300 of 2017 ( C.B.I. vs. Subhash Chandra @ Sajjan Pal Singh and Ors .) arising out of Crime No. RC 0532017S0003, under Sections 120B read with Sections 380 , 201 , 204 , 411 and 414 IPC and Section 7 , 12 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act , P.S. CBI/ACB, Lucknow.

(2.) Learned counsel for the petitioners has submitted that Criminal Appeal bearing no. 964 of 1984 [ Basdeo and another vs. State of U.P .] was listed multiple times before this Court for final hearing but the file of the said case along-with 14 other files went missing, hence this Court was pleased to direct the CBI to probe into the matter of missing of files vide its order dated 18.01.2017.

(3.) Learned counsel has further submitted that First Information Report dated 09.03.2017 was lodged for commission of offence under Sections 120B r/w Section 380 , 201 , 204 , 411 and 414 IPC and Sections 7 , 12 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act , 1988 against six persons including the petitioners and respondent no.2. Petitioner No.1 namely Dilip Kumar Chandel and respondent no.2, namely, Mr. Narendra Kumar, are public servant and one out of the two is alleged to be involved in the alleged offence, on the basis of written complaint of Deputy Registrar (Crl. Bail). I/C Deputy Registrar (Crl. Group 'B'), in the Hon'ble High Court of Judicature at Allahabad, in light of the order dated 18.01.2017 passed by this Court in Criminal Appeal bearing no. 964 of 1984 ( Basdeo and another vs. State of U.P .).