RAHUL CHATURVEDI
ASAD ALI – Appellant
Versus
STATE OF U. P. – Respondent
Hon'ble Rahul Chaturvedi J.
1. Heard Sri Vinay Saran, Advocate, counsel for the revisionist and Shri Amit Mishra, Advocate, counsel for the opposite party no.2 and learned A.G.A. perused the records.
2. By means of instant revision, the revisionist has targeted the order passed by Special Judicial Magistrate (C.B.I.), Ghaziabad declining to entertain the application no. 264A Under Section 311 Cr.P.C. vide order dated 18.11.2017 in Case No. 367 of 2006 (C.B.I. Vs. Imtiaz Alam and others) U/s 420, 120B I.P.C. Police Station C.B.I. S.P.E. Dehradun.
3. In order to appreciate the entire controversy, it is desirable to spell out bare skeleton facts of the prosecution;
A. On 02.02.2005 a F.I.R. was registered against (a) Al-Aman International, Moradabad (b) Unknown Officers of office of J.T. D.G.F.T., Moradabad. (c) Unknown officials of Central Excise, Moradabad by one Bhanu Bhaskar, S.P. C.B.I. for hatching a criminal conspiracy, forgery of valuable security, forgery for purpose of cheating, using a forged document as genuine one and criminal misconduct by the public servant. The said F.I.R. was registered as Case Crime No. RC00772005A0005 in year 2005.
B. After registering th
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