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2023 Supreme(All) 1443

SUBHASH VIDYARTHI
Ashok Kumar Garg – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rishad Murtaza, Aishwarya Mishra, Syed Ali Jafar Rizvi.
For the Respondent: Anurag Kumar Singh.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Rishad Murtaza, the learned counsel for the applicant, Sri Anurag Kumar Singh, the learned counsel for the CBI and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C. the applicant has prayed for quashing of the cognizance order and the summoning order dated 27.01.2023 and the entire proceedings of Criminal Case No. 126506 of 2022 arising out of FIR No. RC2(E)/2022/CBI/SCB/Lucknow, under Sections 120B, 420, 406 I.P.C. and P.S. CBI/SCB/Lucknow, pending in the Court of the learned Special Judicial Magistrate, CBI (Pollution), Lucknow and to quash the order dated 28.02.2023 whereby non-bailable warrants have been issued against the applicant.

3. On 16.03.2022, a Deputy General Manager of Small Industries Development Bank of India (SIDBI) sent a complaint to the CBI against 10 named persons and some unknown persons, stating that M/s JML Marketing Pvt. Ltd. through its promoter Kimti Lal Arora, had obtained a loan from the Bank by offering collateral security of a property of co-accused persons Rajinder Chawla and Varinder Chawla situate at Ambala Cantt. Being situated in cantonment area, the property could

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