C482/91/2017 of Sushil Sharma AND ANOTHER Vs Central Beaurue Of Investigation AND ANOTHER
Parties
- Cr.P.C. has been filed by the applicants challenging the charge-sheet filed by the CBI in CBI Case No.07 of 2016, “CBI (PETITIONER)
- V.K. Sinha”, in the Court of Special Judge, Anti-Corruption, Dehradun as well as proceedings of CBI Case No.07 of 2016 under Sections 120B, 420, 46, 471 of IPC and Section 13(2) read with 13(1)(d) reg (RESPONDENT)
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C-482 No. 91 of 2017Hon’ble V.K. Bist, J.
Mr. Anurag Bisaria, Advocate for the applicants.
Mr. Sandeep Tandon, Advocate for the
CBI.
Heard.
This application under Section 482 of
Cr.P.C. has been filed by the applicants challenging the charge-sheet filed by the CBI in CBI Case No.07 of 2016, “CBI vs. V.K. Sinha”, in the Court of Special Judge, Anti-Corruption, Dehradun as well as proceedings of CBI Case No.07 of 2016 under Sections 120B, 420, 46, 471 of IPC and Section 13(2) read with 13(1)(d) registered at CBI, SPE, Dehradun.
Brief facts of the case are that applicant no.1 and his partner took term loan amounting Rs.150 lakhs with CC limit of Rs.200 lakhs from Punjab National Bank on 28.01.2011. The bank had also sanctioned another loan amounting to Rs.50 lakhs with the CC limit of Rs.150 lakhs. The loanees failed to repay the loan amount. Thereafter, an FIR was lodged in the office of CBI, SPE, Dehradun. The investigation was initiated against the applicants in the matter. After the was investigation, charge-sheet submitted in the Court of Special Judge, Anti-Corruption, Dehradun and summons were issued to the applicants. Hence, the present application.
The present application has strongly been opposed by Mr. Sandeep Tandon, Advocate for the CBI.
The allegations against the applicants are that they have misappropriated the funds of the loan amount and utilized it for the other purposes, for which it was not granted. This matter is presently pending before Special Judge, Anti-Corruption, Dehradun.
I do not find that this case is fit case where any interference is called for.
It is well settled law that in the rarest of rare cases, the High Court should exercise its powers under Section 482 of Cr.P.C.
In view of the above, the application under Section 482 Cr.P.C. is dismissed.
Since, applicant no.1 is suffering from number of diseases of kidney and is confined to bed due to paralysis and has to undergo paratonial dialysis thrice every day and has been advised for regular check-up, therefore, it is directed that if the applicant no.1 surrenders before the Court concerned, the bail application of the applicant no.1 shall be considered by the Court concerned very-very expeditiously.
Urgency application (IA No.283 of 2017) stands disposed of accordingly.
JKJ/Nishant
(V.K. Bist, J.) Vacation Judge 19.01.2017