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2012 Supreme(SC) 377

T.S.THAKUR, GYAN SUDHA MISRA
Mrudul M. Damle – Appellant
Versus
C. B. I. New Delhi – Respondent


JUDGMENT

T.S. Thakur, J.-In this petition under Section 406 of the Code of Criminal Procedure, 1973, the petitioners pray for transfer of Criminal Case No. 45 of 2008 pending in the Court of Special Judge, CBI Cases, Rohini Courts, New Delhi to the Court of Special Judge, CBI Cases, Court of Sessions at Thane, Maharashtra on the ground of convenience of the parties and the witnesses cited in the charge sheet by the prosecution.

2. Petitioners are husband and wife. While petitioner No.2-husband is currently posted as Assistant Commissioner, Central Excise, Customs and Service Tax at Vapi, Gujarat, petitioner No.1-wife is practicing as a Chartered Accountant in the State of Maharashtra. Both the petitioners are facing prosecution in Criminal Case No.45 of 2008 for offences punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 IPC. The said case was registered on 14th July, 2005 against the petitioner-husband on the basis of recovery of cash and other property in the course of searches conducted at his houses in New Delhi and Thane. The bank locker in the name of the petitioner No.1-wife was also seized in the course of the said













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