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2009 Supreme(SC) 97

H.L.DATTU, TARUN CHATTERJEE
Shri Rajendra Ramchandra Kavalekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant :K.T.S. Tulsi, Sr. Adv., H. Pillai, Ms. Nayna, Vijay Thakur and Senthil Jagadeesan, Advocates.
For the Respondents:B. Datta, A.S.G., P.K. Dey, B.K. Prasad, P. Parmeswaran, Aprajita Singh, Ravindra Keshavrao Adsure and Anjani Kumar Mishra, Advocates.

ORDER

S.L.P(Crl.)No. 3589 of 2006

1. Leave is granted.

2. This appeal is directed against the judgment and order passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 1375 of 2006 dated July 5, 2006. By the impugned order, the High Court has rejected the writ petition, however, has directed the respondent therein, not to arrest the appellant for a period of six weeks, in R.C. Case No. 1(A).2004 registered under Sections 120(b), 420, 467, 468 and 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, pending on the file of the Special Judge (C.B.I.), Ranchi, Jharkhand, to facilitate the appellant to move the appropriate court for appropriate relief. It may be useful to extract the reasoning, conclusion and the directions issued by the court to appreciate the issues canvassed by the appellant. It is as under:

“From the submissions made by the petitioner’s advocate, it is clear that the Jharkhand Court seized of the matter. It is the C.B.I. Court, all papers and documents pertaining to the case mentioned above are in the custody and possession of the said court and, therefore, it will not be proper




























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