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2021 Supreme(Bom) 284

S.S.SHINDE, N.J.JAMADAR
State of Maharashtra through Additional Chief Secretary Home Department, Mantralaya – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
Mr. Rafique Dada, Senior Advocate, a/w Mr. Darius Khambata, Mr. Deepak Thakre, PP, Mr.Akshay Shinde, APP Mr. Phiroz Mehta, Mr. Tushar Hathiramani, Mr. Tushar Mehta, Solicitor General of India a/w. Mr. Anil C. Singh, Addl.S.G., Mr. Sandesh D. Patil, Mr. Aditya Thakkar, Mr. D. P. Singh, Mr.Subhash Jha, Dr. Jaishri Patil, Adv

JUDGMENT :

1. Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

2. The State of Maharashtra has presented this petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 to quash and set aside the 4th and 5th unnumbered paragraphs of the FIR RC 2232021A0003, bearing Book No. 1379, Serial No. 001 of 2021 dated 21st April 2021, registered at AC-V, CBI, New Delhi, for the offences punishable U/sec. 120-B of Indian Penal Code, 1860 (‘the Penal Code’) and section 7 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018 by CBI- respondent.

3. The State claims to be constrained to invoke the writ and inherent jurisdiction of this Court in the backdrop of the following facts :

    (a) A FIR bearing CR No. 35/2021 was registered with Gamdevi Police Station, when a SUV laden with Gelatine was found near the residence of an industrialist. Initially, investigation was carried out by the Anti-Terrorist Squad of the State. Later on, the National Investigation Agency (NIA) took over the investigation of the said crime. Shri Sachin Vaze,

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