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1998 Supreme(SC) 401

S.RAJENDRA BABU, K.T.THOMAS
K. K. Jerath – Appellant
Versus
Union Territory Chandigarh – Respondent


Judgment

S. Rajendra Babu, J.-The petitioner filed a petition under Section 438 of the Criminal Procedure Code for grant of bail apprehending his arrest. The High Court which had granted an interim relief earlier on the said petition, dismissed the same subsequently. Hence this peti­tion challenging the said order.

2. A search had been conducted at the house of the petitioner on 20.11.1997 by the Income Tax Department and certain amount of cash, gold ornaments and silverware were found. It appears that investiga­tion had been commenced on the basis of certain information by the CBI. The Union Territory of Chandigarh took note of the facts having found from the material available with the authorities in the shape of certain statements of account and other information desired to proceed against the petitioner under Section 13(1)(a), (b), (c), (d) and sub-section (2) of the Prevention of Corruption Act, 1988. The High Court noticed that the scope of the two investigations, one by the CBI and the other by the Administration of Union Territory being different there is no bar for the latter to register a separate FIR and investi­gate the matter and on that basis rejected the contention adv






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