RIDDHI SIDDHI UDYOG THRU PROP RABINDRA KUMAR BHALO Vs. CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION B
LAWS(ALL)-2018-2-419
HIGH COURT OF ALLAHABAD
Decided on
February 19,2018
Riddhi Siddhi Udyog Thru Prop Rabindra Kumar Bhalo
Appellant
VERSUS
Central Bureau Of Investigation, Anti Corruption B
Respondents
Referred Judgements :-
SMT. NAGAWWA VS. VEERANNA SHIVALINGAPPA KONJALGI [REFERRED TO]AMRAWATI AND ANOTHER VS. STATE OF U.P. [REFERRED TO]
R P KAPUR VS. STATE OF PUNJAB [REFERRED TO]
STATE OF HARYANA VS. BHAJAN LAL [REFERRED TO]
LAL KAMLENDRA PRATAP SINGH VS. STATE OF U P [REFERRED TO]
PARBATBHAI AAHIR @ PARBATBHAI BHIMSINHBHAI KARMUR VS. STATE OF GUJARAT [REFERRED TO]
JUDGEMENT
Chandra Dhari Singh, J. -
(1.)The instant application under section 482 of the Code of Criminal Procedure has been filed for quashing of the proceedings of Case No. 954 of 2017 (CBI Vs. Radhyshyam and others), arising out of R.C. No. 0062014A0024, pending in the court of Special Judge,Anti Corruption, C.B.I. (West), Lucknow, under sections 120-B, 420, 468, 471, 201 IPC and section 13(2) r/w section 13(1)(d) of Prevention of Corruption Act, 1988 and for quashing of the order dated 17.01.2018 passed by Special Judge, Anti Corruption, CBI (West), Lucknow in Case No. 954 of 2017 (CBI Vs. Radhyshyam and others) whereby Special Judge, Anti Corruption, CBI (West), Lucknow has taken cognizance of the offence and summoned the applicant for the alleged offences committed under sections 120-B, 420, 468, 471, 201 IPC and section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and for quashing of the charge-sheet dated 25.09.2017 filed by opposite party no.2 against the applicant under sections 120-B, 420, 468, 471, 201 IPC and section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
(2.)Brief facts of the case are as under:
2. The applicant no.1 firm is manufacturer of a product called as "Phosphoric Iron" (Medium Phosphorus) Brake Block. The aforesaid produce, namely, Phosphoric Iron (Medium Phosphorus) Brake Block is essential equipment installed in the Wheel of Railway Electric Locomotives. The product aforesaid is essential for the safety item required by the Indian Railways and in fact there is no purchaser of the product aforesaid in the country.
(3.)The product Phosphoric Iron (Medium Phosphorus) Brake Block is affixed behind the wheel of a locomotive for the purpose of braking. The product aforesaid is categorized as a safety item and the same is required to be manufactured as per the specifications issued by the Research Design and Standards Organization. The Phosphoric Iron (Medium Phosphorus) Brake Block is required to be manufactured in terms of Research Design and Standards Organization specification No. M & C/MTD/101/2007.
(2.)Brief facts of the case are as under:
2. The applicant no.1 firm is manufacturer of a product called as "Phosphoric Iron" (Medium Phosphorus) Brake Block. The aforesaid produce, namely, Phosphoric Iron (Medium Phosphorus) Brake Block is essential equipment installed in the Wheel of Railway Electric Locomotives. The product aforesaid is essential for the safety item required by the Indian Railways and in fact there is no purchaser of the product aforesaid in the country.
(3.)The product Phosphoric Iron (Medium Phosphorus) Brake Block is affixed behind the wheel of a locomotive for the purpose of braking. The product aforesaid is categorized as a safety item and the same is required to be manufactured as per the specifications issued by the Research Design and Standards Organization. The Phosphoric Iron (Medium Phosphorus) Brake Block is required to be manufactured in terms of Research Design and Standards Organization specification No. M & C/MTD/101/2007.
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