A bench comprising Justices J Chelameswar and S Abdul Nazeer asked Kushwaha to approach the special CBI court in Ghaziabad, which has issued an arrest warrant against him.
Earlier, the Allahabad High Court had also rejected his plea and asked him to appear before the trial court.
He had alleged that the chargesheet should be quashed, as the police did not take any prior permission from the state government before filing it. Kushwaha is currently on bail.
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