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2007 Supreme(SC) 984

ARIJIT PASAYAT, S.H.KAPADIA
B. S. Goraya – Appellant
Versus
U. T. of Chandigarh – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the revision petition filed by the appellant. In the said revision challenge was to the order passed by learned Special Judge, Chandigarh deciding to frame charge against the appellant in terms of Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (in short the ‘Act’).

2.Background facts in a nutshell are as follows:

“A charge sheet was filed against the appellant by the Central Bureau of Investigation Authorities (in short the ‘CBI’) Chandigarh. After completion of the investigation in the case it was registered on 6.8.1990, in terms of Section 13(1)(e) read with Section 13(2) of the Act. An application under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) was filed for quashing the said FIR and the same was dismissed as withdrawn on 11.9.1996. Liberty was however given to take all the available pleas as and when the same were available. An application under Section 227 of the Code was filed before the learned Special Judge Chandigarh for discharge stating that at the ti


















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