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2000 Supreme(SC) 836

S.SAGHIR AHMAD, DORAISWAMY RAJU
Om Parkash Sharma – Appellant
Versus
Central Bureau Of Investigation – Respondent


JUDGMENT

Raju, J.-Leave granted.

2. The above appeal has been filed against the order of the learned Single Judge of the Delhi High Court dated 4.1.99 in Criminal Revision No. 123/97, repelling a challenge made to the order passed by the Special Judge, Delhi, on 26.11.96 in Sessions Case No. OC-224/94, rejecting an application made by the appellant under Section 91, Cr.P.C., for summoning and production of documents enumerated in the application. Those documents were stated to be required to show that the appellant had not shown any favour to persons commonly known as Jain Brothers or to any person for that matter in the course of discharge of the duties while working as DIG, CBI, and that present action against the appellant is vitiated on account of mala fides on the part of the CBI, who is alleged to bear animus against the appellant.

3. The said application was hotly contested by the CBI and the Special Judge held that none of the documents sought to be summoned would help to show that the case of the prosecution was improbable or unworthy of even a trial and that summoning them at that stage of the proceedings was meant by the appellant to delay the proceedings initiated by the C










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