DIGVIJAY NATH TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Upadhyay, learned Senior Advocate assisted by Sri Pradeep Kumar, learned counsel for the applicant and Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sanjay Kumar Yadav, learned counsel for Central Bureau of Investigation and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C has been filed with the prayer to quash the order dated 15.07.2019 passed by learned Special Judge, CBI, Court No. 6, Lucknow as well as the entire proceedings of Criminal Case No. 220 of 2017 (CBI Vs. Digvijay Nath Tiwari and others), under Section 120-B read with Sections 420 , 468 and 471 I.P.C. and Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act , 1988, pending before the court of Special Judge, CBI, Court No. 6, Lucknow.

(3.) From the record, it appears that initially the applicant had approached this Court by means of Criminal Misc. Application (U/s 482 Cr.P.C .) No. 6141 of 2019 (Digvijay Nath Tiwari Vs. State of U.P. and Others) assailing the Charge-sheet as well as the entire criminal proceedings. The said application under Section 482 was disposed of vide order dated 15.02.2019 by this Court granting liberty to the applicant to move discharge application before the concerned court below and to furnish personal bond in view of Section 88 of Cr.P.C. The concerned court below was also directed to dispose of the said discharge application within two months, if filed.