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2005 Supreme(Bom) 234

P.V.KAKADE, R.M.S.KHANDEPARKAR
Prakash Rasiklal Dhariwal – Appellant
Versus
Central Bureau of Investigation, New Delhi – Respondent


Judgment

KHANDEPARKAR R. M. S. , J.

( 1 ) WE have heard at length the learned advocates for the parties.

( 2 ) RULE. By consent the Rule is made returnable forthwith.

( 3 ) THE Petitioner challenges the Warrant issued against his father Rasiklal dhariwal being without jurisdiction as also the Order passed by the Court below in MCOC Special Case No. 1/2005 directing issuance of warrant to be bad in law and without jurisdiction.

( 4 ) FEW facts which are relevant for the decision in the matter are that the l. A. C. Case under sections 3, 7 and 25 of the Arms Act came to be registered against one Jamruddin on 27-9-2004. Consequently, C. R. No. 122 of 2004 was registered against the said Jamruddin and three others. Jamruddin was came to be arrested on 10-10-2004 followed by another accused viz. Rajesh. The interrogation of the said accused allegedly revealed involvement of Shri rasiklal Dhariwal, hereinafter referred to as "rasiklal" as well as Petitioner in another Writ Petition No. 386 of 2005 namely Shri Jagdish M. Joshi, hereinafter referred to as "joshi" in the offence. The provisions of MCOC Act were applied to the matter and Jamruddin and Rajesh were remanded to the custody in mc






















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