P. Suresh Bhandary vs Central Bureau of Investigation and Another — Corruption | Allahabad HC (2025)

P. Suresh Bhandary vs Central Bureau of Investigation and Another — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court of Special Judge (Anti Corruption), CBI, Court No.1, Ghaziabad to decide the applicant's application dated 17.4.2025 (under Section 19 of the Prevention of Corruption Act, 1988) at the earliest, preferably within one month from production of a certified copy of this order, in accordance with law, without unnecessary adjournments to either party, if there is no legal impediment.

Issue for consideration

Whether the trial court (Special Judge (Anti Corruption), CBI, Court No.1, Ghaziabad) should be directed to decide, within a time-bound period, the applicant's application dated 17.4.2025 under Section 19 of the Prevention of Corruption Act, 1988, pending for more than six months in Case No.02 of 2016.

Court's answer

Considering that the applicant's Section 19 PC Act application dated 17.4.2025 had been pending for more than six months, the trial court is directed to decide that application at the earliest, preferably within a period of one month from the date of production of a certified copy of this order, in accordance with law, without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

Key takeaways

Observation recorded en passant: from the order sheet of the case it reflects that after filing the application dated 17.4.2025, the applicant himself, on majority of dates, filed applications to exempt his personal appearance, so that on the applicant's own applications the case was being adjourned; despite this, the time-bound direction was issued because the application had remained pending beyond six months.obiter¶20

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 73; Sameer Jain, J.) disposed, on 3 November 2025, of Application U/S 529 BNSS No. 3742 of 2025 filed by P. Suresh Bhandary, an accused in CBI Case No.02 of 2016 (FIR/Case Crime No. RC2202015E0017/EOUVI/EO-II; charges under Ss. 120B read with 420, 467, 468, 471 IPC and substantively under S. 13(2) read with 13(1)(d) PC Act, 1988), seeking a direction to the Special Judge (Anti Corruption), CBI, Court No.1, Ghaziabad to decide his application dated 17.4.2025 under Section 19 of the Prevention of Corruption Act, 1988, pending for over six months. The CBI counsel voiced no objection to such a direction, while noting that the order sheet showed the applicant's own repeated exemption-from-personal-appearance applications had caused adjournments. Directing expedition notwithstanding, the Court ordered the trial court to decide the 17.4.2025 application at the earliest, preferably within one month of production of a certified copy of the order, in accordance with law, without unnecessary adjournments to either party, subject to absence of legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3742 of 2025

P. Suresh Bhandary

.....Applicant(s)

Versus

Central Bureau Of Investigation And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Yogesh Kumar Mishra
Counsel for Opposite Party(s)	: Rahul Srivastava

Court No. - 73

HON'BLE SAMEER JAIN, J.

Heard Sri Yogesh Kumar Mishra, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel appearing for the CBI.

The instant application has been filed on behalf of the applicant with the prayer to direct the court of Special Judge (Anti Corruption), CBI, Court No.1, Ghaziabad to decide applicant's application under Section 19 of the Prevention of Corruption Act, 1988 dated 17.4.2025 filed in Case No.02 of 2016 (Central Bureau of Investigation Vs. P.Suresh Bhandary and others) arising out of FIR/Case Crime No. RC2202015E0017/EOUVI/EO-II under Sections 120B read with 420, 467, 468 and 471 IPC and substantive offences thereof Section 13(2) read with 13(1)(d)of Prevention of Corruption Act, 1988 Police Station CBI/EOU VI/EO-II, District New Delhi pending in the court of Special Judge (AntiCorruption) CBI, Court NO.1, Ghaziabad.

Learned counsel for the applicant submits that applicant is one of the accused in the present case and on 17.4.2025 he moved an application before the trial court under Section 19 Prevention of Corruption Act and however, since then more than six months have been passed but till date his application could not be decided by the court concerned.

He further submits that therefore, trial court should be directed to decide the application dated 17.4.2025 filed by application at the earliest, preferably, within some time bound period.

Per contra, learned counsel appearing for the CBI submits that along

NA529 No. 3742 of 2025

2

with the instant application applicant has also annexed the order sheet of the case and from the order sheet of the case, it reflects that after filing the application dated 17.4.2025 continuously applications are being moved by applicant to exempt his personal appearance and, therefore, from the order sheet of the case it reflects that on the application moved by applicant itself case is being adjourned. He further submits that however he is having no objection if this Court is issued a direction to the trial court to decide application moved by applicant, at the earliest in accordance with law.

I have heard learned counsel for the parties and perused the record of the case.

Applicant moved the instant application with the prayer to direct the trial court to decide his application moved on 17.4.2025 at the earliest.

However, from the order sheet of the case it reflects that after filing the application applicant himself on majority of dates filed applications to exempt his personal appearance but considering the fact that application dated 17.4.2025 moved by applicant is pending for the last more than six months, it is directed that trial court shall decide the application moved by applicant dated 17.4.2025 at the earliest, preferably, within a period of one month from the date of production of a certified copy of this order, in accordance with law without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

The instant application stands disposed of.

(Sameer Jain,J.)

November 3, 2025 SKM

Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad