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1993 Supreme(SC) 232

R.M.SAHAI, S.R.PANDIAN
State Of Maharashtra – Appellant
Versus
Budhikota Subbarao – Respondent


JUDGMENT

R.M. Sahai, J.

1. Strictures of sharp practice, suppression of facts, obtaining orders by playing fraud upon the court against State by Mr. Justice Saldanha of the Bombay High Court, while deciding Criminal Miscellaneous Petition filed by the opposite party, accused ofleaking official secrets and violating provisions of the Atomic Energy Act, 1962 and awarding Rs. 25,000 as compensation, for consultancy loss, suffered by him, due to ex-parte order obtained by the State against order of the trial Judge permitting the opposite party to go abroad, compelled the State to file this appeal and assail the order not only for legal infirmities but factual inaccuracies.

2. Reasons to quote the learned Judge which, compelled the con-secience of court to pass the impugned order were, the unfortunate proceedings that bristled (s) with mala fides. Basis for these inferences was, the conclusion by the learned Judge, that the State, deliberately, procured the interim order by another learned Judge by filing a separate writ petition, when it knew that the main petition for quashing of the proceedings was pending before the division bench (Puranik & Saldanha, JJ.). The learned Judge felt, s












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