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2003 Supreme(SC) 549

S.RAJENDRA BABU, G.P.MATHUR
Dy. Chief Controller Of Imports And Exports – Appellant
Versus
Roshanlal Agarwal – Respondent


JUDGMENT

G.P. Mathur, J.-The Deputy Chief Controller of Imports and Exports filed eight complaints against several persons including the respondents herein for their prosecution under Sections 420, 467, 468, 471, 120-B IPC and Section 5 of Imports and Exports (Control) Act, 1947. The respondents (accused Nos.3, 4 and 5) filed applications under Section 245 Cr.P.C. in all the cases praying for their discharge. These applications were rejected by the Special Court (Economic Offences) on February 24, 1986 and the revisions preferred against the said order were also dismissed by 6th Additional Sessions Judge on July 20, 1989. Thereafter, the Respondents filed petitions under Section 482 Cr.P.C. which were allowed by the High Court of Karnataka by the judgment and order dated August 7, 1995 and the orders passed by the Special Court (Economic Offences) and the Sessions Judge were set aside and the applications filed under Section 245 Cr.P.C. were allowed and the respondents were discharged. Feeling aggrieved by the aforesaid order, the Deputy Chief Controller of Imports and Exports has filed these appeals by special leave.

2. The main ground on which the petitions under Section 482 Cr.P.

















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