- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State-respondent.
(2.) The present application has been filed for quashing of the order dated 12.11.2014 passed by Special Judge, Anti-Corruption (CBI) Court, Ghaziabad in Special Case No. 22 of 2013 (CBI Vs. S.K. Agarwal and others), under Sections 120-B, 420, 409 I.P.C. and Section 13(2) of Prevention of Corruption Act, 1988, Police Station EOW-II, New Delhi.
(3.) It has been contended on behalf of the applicant that initially in Criminal Misc. Application No. 9898 of 2005, vide order dated 22.08.2005 Hon'ble Amar Saran, J. was pleased to pass the following order:- "Heard Sri G.S. Chaturvedi, learned Senior Advocate and Sri Samit Gopal for the applicants and Sri G.S. Hajela for the C.B.I. As the applicants are facing prosecution in a case, inter-alia under the Prevention of Corruption Act. As under Section 19(3) of the Prevention of Corruption Act proceedings cannot be stayed and also as the allegations are habitual in nature, no ground is made out for quashing the proceedings at this stage. However, considering that the applicant claims to be a businessman who is a managing director of some automobile firm and he has obtained bail in this case, and keeping in view the provisions of section 317 Cr.P.C., unless the presence of the applicant is absolutely necessary, he need not appear on each date personally and his counsel may represent him on each date. However, whenever he is needed by the court, he shall duly appear in person. With these observations, this application stands disposed of.";