LAWS(ALL)-2025-4-33

GOMATI DWIVEDY Vs. C.B.I.

Decided On April 23, 2025
Gomati Dwivedy Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) Heard Sri Navneet Awasthi, the learned counsel for the revisionist, and Sri Anurag Kumar Singh, the learned counsel for the respondent-CBI.

(2.) By means of the instant revision filed under Sec. 397/401 Cr.P.C., the revisionist has challenged the validity of an order dtd. 1/6/2024 passed by the Special Judge (Prevention of Corruption Act) C.B.I. Court No.3, Lucknow in Criminal Case No.2370 of 2018, arising out of R.C. No. 0062015A0017, under Ss. 120B, 409 and 420 IPC and Ss. 23(2) read with Sec. 13(1)(D) of the Prevention of Corruption Act, 1988, lodged at Police Station CBI/ACB, Lucknow, whereby an application under Sec. 91 Cr.P.C. filed by the revisionist seeking a direction to the Secretary, National Informatics Centre for production of an order refusing sanction for prosecution of another co-accused person Naseem Ahmad has been rejected.

(3.) A copy of the application under Sec. 91 Cr.P.C. has been annexed as Annexure No.11 to the affidavit filed in support of the revision. This application is supported by an affidavit of the revisionist. The affidavit runs into as many as 52 paragraphs and numerous judgments have been referred to and extracts of the judgment have been quoted in the affidavit of the revisionist. The verification clause of the affidavit filed before the learned trial court is being quoted below:-