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2017 Supreme(Bom) 2086

RANJIT MORE, SARANG V.KOTWAL
Pradip Mittal S/o. Kaushal Kishore Mittal – Appellant
Versus
Central Bureau of Investigations – Respondent


Advocates Appeared:
For the Petitioner:Vikram Nankani, Senior Advocate a/w Sujay Kantawala i/b Yogesh M. Rohira, Advocates.
For the Respondent:H.S. Venegaonkar, Advocate, S.R. Shinde, APP.

ORDER :

SARANG V. KOTWAL, J.

1. The present petition is filed by the petitioner for various prayers. Initially, it was filed for issuance of a writ of habeas corpus on the ground that the transit remand granted to the CBI for the custody of the present petitioner was illegal. Subsequently, the petition was amended and two other prayers were added. By the amended prayer (aa), the petitioner prayed for setting aside the order dated 03/05/2017 granting transit remand of the petitioner and the prayer (aaa) was for issuance of a writ of mandamus or other directions, for directing continuation of the proceedings in respect of FIR No. RC 8(A)/2017-CBI, ACB, Vishakhapatanam, only before the Special Judge for CBI cases at Mumbai.

2. The brief facts borne out from the petition and its annexure are as follows :-

An FIR was lodged at Vishakhapatanam bearing number RC 08(A)/2017 of CBI on 01/05/2017 under Sections 7 and 12 of the Prevention of Corruption Act, 1988. The said FIR listed 8 accused. The first accused was the Commissioner of Income Tax, Appeal - 30, Mumbai. The entire accusation in the FIR revolves around the said accused demanding and obtaining illegal gratification. He is the only pub

































































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