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SUBHASH VIDYARTHI
Kirti Nath Tiwari – Appellant
Versus
Directorate of Enforcement Govt. of India, Assi. Dir. (PMLA) Somnath Choudhary Allahabad – Respondent
JUDGMENT
Subhash Vidyarthi, J.
Heard Sri S. P. Mishra, the learned counsel for the applicant, Sri Kuldeep Srivastava, the learned counsel for the respondent - Directorate of Enforcement (E.D.) and perused the record.
2. By means of the instant application filed under Section 482 of the CRIMINAL PROCEDURE CODE , the applicant has challenged validity of the summoning / cognizance order dated 02.04.2018 passed by the Sessions Judge, Allahabad in Complaint No. 02/2018. The case has subsequently been transferred to the Court of Special Judge, C.B.I. - 6, Lucknow and the applicant has approached this Court when the trial Court has passed an order dated 19.04.2023 issuing non-bailable warrant against the applicant.
3. Briefly stated, facts of the case are that on 29.05.2000, the Regional Manager, Ballia Gramin Bank, Ballia had sent a complaint against one Chandra Prakash Singh, Branch Manager, Ballia, Gramin Bank and some unknown persons, stating that when Chandra Prakash Singh was posted as Branch Manager during the period December 2008 to December 2009, he had embezzled public money for his personal gain and had misappropriated an amount of 1.60 Crores (approximately) and had thereby c
The court emphasized that allegations lacking evidence do not justify the summoning of accused, highlighting the necessity of due diligence by the Magistrate under Section 482 of the CrPC.
Points of law : Powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see....
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
The court's inherent jurisdiction under Section 482 of the Code should be exercised sparingly and with caution, and the power of quashing should be exercised only in the 'rarest of rare cases'. The c....
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
A second application under Section 482 Cr.P.C. is maintainable if based on changed circumstances, despite a previous application being withdrawn.
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