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2024 Supreme(SC) 141

ABHAY S. OKA, UJJAL BHUYAN
State through Inspector of Police CBI, Chennai – Appellant
Versus
Naresh Prasad Agarwal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shailesh Madiyal,Sr.Adv. Ms. Aakanksha Kaul,Adv. Ms. Seema Bengani,Adv. Ms. Suhashini Sen,Adv. Mr. Rajat Nair,Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Sidharth Luthra, Sr. Adv. Mr. N. Muralikumaran, Sr. Adv. Mr. V. N. Raghupathy, AOR Mr. Hari Krishnan, Adv. Mr. R. Gopinath, Adv. Mr. Manendra Pal Gupta, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Delay condoned.

2. Leave granted.

3. Heard the learned senior counsel appearing for the appellant and the learned senior counsel appearing for the respondents.

4. The learned Single Judge of the Madras High Court decided two proceedings by the impugned judgment. The first was a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the charge sheet in CC No. 3 of 2014 pending on the file of the learned Special Judge, CBI cases, Chennai. The second was a Criminal Revision Application challenging the order dated 4th August, 2015 by which an application for discharge made by the respondents in the same case was rejected by the impugned judgment. The learned Judge quashed the charge sheet, insofar as the first respondent is concerned and by setting aside the order dated 4th August, 2015, an order of discharge was passed as regards another accused.

5. One of the contentions raised in these appeals is that on 17th April, 2017, the learned Single Judge pronounced only one line order declaring the operative part. The learned Judge demitted office on 26th May, 2017 and a detailed judgment was made available only on 23rd October, 2017, nearly

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