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 the case, the investigation started rolling and the Investigating Officers after concluding the investigation has submitted charge sheet, on 31.3.2006 against as many as four persons, including the present revisionist Asad Ali son of Mohd. Ibrahim. He was charge sheeted U/s 120B r/w 420 I.P.C. and substantive offence Under section 420 I.P.C. C. After submission of charge sheet, the learned Magistrate has taken cognizance of the offences and all the accused persons were put to trial and resultantly Case No. 367/2006 (C.B.I. Vs. Imtiaz Alam and others) was allotted before Special Judicial Magistrate, C.B.I. Ghaziabad.;