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2021 Supreme(Kar) 467

M. NAGAPRASANNA
CENTRAL BUREAU OF INVESTIGATION (ANTI-CORRUPTION BRANCH) NO. 36, BELLARY ROAD GANGANAGAR BENGALURU – Appellant
Versus
V. M. SARASWATHY – Respondent


Advocates Appeared:
For The Appellant : SRI PRASANNA KUMAR P., SPL.PP.
For The Respondent:SRI P.N.MANMOHAN, ADVOCATE

ORDER :

Whether abatement annihilates abetment is the issue to be answered in the subject lis.

2. Writ Petition No.33084/2018 is filed by the accused No.2 calling in question an order dated 6-06-2018 passed by the XXXII Additional City Civil and Special Judge for CBI cases in Special C.C.No.308 of 2015 and also seeks quashing of the FIR registered on 19-02-2014 and the charge sheet dated 1.06.2015. The Criminal Petition No.304 of 2019 is filed by the Central Bureau of Investigation (‘CBI’) calling in question the very same order passed in Special C.C.No.308 of 2015 dated 6-06-2018. Therefore both these petitions are taken up together, heard and considered.

3. Brief facts leading to the filing of these petitions, as borne out from the respective pleadings are as follows:-

    The CBI registered a FIR against the petitioner/accused No.2 and her husband M.Selvakumar alleging offences under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’ for short) and Section 109 of the IPC. The complaint against the husband of the petitioner was while he was working as Deputy Director (Research) Training Center, Central Coffee Research Institute, Coffee Research S

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