S.C.AGARWAL, J. - (1.) THIS Application u/s 482 Cr.P.C. has been filed with a prayer to quash the orders dated 27.10.2009, 29.10.2009, 18.5.2010 and 9.8.2010 passed by Special Judicial Magistrate, C.B.I., Ghaziabad in criminal case no.257 of 2009, State (C.B.I.) Versus Moti Lal Goel & others under sections 120-B, 420 read with 511, 466, 471 IPC arising out of crime no.84 of 2005, Police Station Sihani Gate, Ghaziabad, subsequently registered by C.B.I., S.P.E., Dehradun as F.I.R. No. RC 0072006A 0015 year 2006 dated 28.7.2008.
(2.) AFTER investigation, the charge sheet was filed. The investigation of the case was transferred to C.B.I. in pursuance of order dated 28.7.2008 passed by Allahabad High Court in Writ Petition No.1552 of 2005, Rajender Tyagi Versus State of U.P. & others. By order dated 27.10.2009 passed by the Magistrate, an application, moved on behalf of the applicant and another co-accused for supplying the copies of certain documents as well as the copy of the case diary of investigation done by the police before being transferred to C.B.I., was rejected on the ground that the accused persons had not yet surrendered before the Court. By order dated 29.10.2009, the application for discharge moved on behalf of the accused persons including the applicant Moti Lal Goel was rejected and learned Magistrate found that there were sufficient grounds for framing charge under sections 120-B, 420 read with 511 IPC, 466, 471 IPC against the accused and non-bailable warrant of arrest was issued against the applicant.
(3.) ON 18.5.2010, an application was moved on behalf of the applicant. Certain documents were filed by the applicant along with the application, which were ordered to be put on the right stage. Vide order dated 9.8.2010, the Special Magistrate declined to issue attachment warrant against the applicant on the ground that the period of a month had not elapsed since issuing proclamation under section 82 Cr.P.C. and the file was ordered to be put up on 21.8.2010.;