ARIJIT PASAYAT, B.P.SINGH
Central Bureau of Investigation – Appellant
Versus
State of Gujarat – Respondent
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JUDGMENT
Dr. ARIJIT PASAYAT, J.—
1.Challenge in this appeal by the Central Bureau of Investigation (in short CBI”) is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the petition filed to set aside the orders dated 29.9.1999 and 26.10.1999 passed by the learned Chief Judicial Magistrate, Nadiad. By the first order, the learned Chief Judicial Magistrate had directed the investigation of the case to be undertaken by CBI. By the latter order, the prayer to recall the earlier order was rejected.
2.The brief facts are as follows :
“Special A.C. B. Case No.2 of 1996 came up for hearing and evidence for the first time on 7.1.1999 before Additional Sessions Judge, Nadiad and at that time the Bench Clerk of the aforesaid court called for Muddamal from the office of Nazir, which was given to the clerk Shri Shukla and in turn given to Shri Kiran Joshi, Senior Clerk. During the recording of the evidence of the witnesses when Muddamal was required to be identified, in the bag containing Muddamal article No.2 (Rs.35000/- i.e. 70 notes of Rs.500/- denomination) could not be found therein. Though rigorous search was made but the said Muddamal was not found and ultima
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