MOTILAL GOEL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS Application u/s 482 Cr.P.C. has been filed with a prayer to quash the orders dated 27.10.2009, 29.10.2009, 18.5.2010 and 9.8.2010 passed by Special Judicial Magistrate, C.B.I., Ghaziabad in criminal case no.257 of 2009, State (C.B.I.) Versus Moti Lal Goel & others under sections 120-B, 420 read with 511, 466, 471 IPC arising out of crime no.84 of 2005, Police Station Sihani Gate, Ghaziabad, subsequently registered by C.B.I., S.P.E., Dehradun as F.I.R. No. RC 0072006A 0015 year 2006 dated 28.7.2008.

(2.) AFTER investigation, the charge sheet was filed. The investigation of the case was transferred to C.B.I. in pursuance of order dated 28.7.2008 passed by Allahabad High Court in Writ Petition No.1552 of 2005, Rajender Tyagi Versus State of U.P. & others.

(3.) ON 18.5.2010, an application was moved on behalf of the applicant. Certain documents were filed by the applicant along with the application, which were ordered to be put on the right stage. Vide order dated 9.8.2010, the Special Magistrate declined to issue attachment warrant against the applicant on the ground that the period of a month had not elapsed since issuing proclamation under section 82 Cr.P.C. and the file was ordered to be put up on 21.8.2010.