Agam Mohan Kulshrestha v. C.B.I & Anr.
Case at a glance
- Order date
- 28 Feb 2025
- Bench
- SAMIT GOPAL
- Neutral citation
- 2025:AHC:29020
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 120B, 420, 467, 468, 471
- Prevention of Corruption Act, 1988 ss. 13(1)(d), 13(2)
Judgment
No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. despite the fact that there is one counsel and one senior advocate appearing in the matter.
Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sumit Kesarwani holding brief of Sri Sanjay Kumar Yadav appears for the opposite party/C.B.I.
The present application under Section 482 Cr.P.C. has been filed before this Court with the prayer to set aside the impugned charge sheet dated 27.11.2020 as well as impugned cognizance order dated 16.12.2020 passed by the learned Special Judge (Anti Corruption) CBI, Court No.1, Ghaziabad, in Special Case No. 07 of 2020 arising out of F.I.R. No. RC 2202018 E0011 dated 27.12.2019 under Sections 120B read with Sections 420, 467, 468, 471 IPC and Section 13 (2) read with Section 13(1) (d) of Prevention of Corruption Act, 1998, Police Station CBI, EOU-IV, New Delhi.
The record show that on 23.2.2022 which was the first day of presentation of present application under Section 482 Cr.P.C.,there was no representation on behalf of the applicant, however, the matter was adjourned and by the Coordinate Bench of this Court and following order was passed: "List has been revised. No one has appeared on behalf of the applicant to press this application, however, Sri Gyan Prakash, Senior Advocate assisted by Sri Sanjay Kumar Yadav, counsel for the C.B.I. has appeared through video conferencing. Put up as fresh on 28.3.2022."
Subsequently, on 28.3.2022 the matter was adjourned on the request of learned counsel for the applicant.
Today even in the revised list there is no representation on behalf of the applicant to press this application under Section 482 Cr.P.C.
The matter is thus dismissed for non prosecution. Order Date :- 28.2.2025 Kumar Manish MANISH TRIPATHI High Court of Judicature at Allahabad (Samit Gopal,J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 120B, 420, 467, 468, 471; Prevention of Corruption Act, 1988 — ss. 13(1)(d), 13(2).
Which court decided this case, and when?
Allahabad High Court, on 28 Feb 2025. The bench was SAMIT GOPAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.