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2005 Supreme(Del) 534

H.R.MALHOTRA
STATE – Appellant
Versus
SOMESHWAR – Respondent


Advocates Appeared:
I.U.KHAN, S.A.Hashmi, S.K.SAXENA

H. R. MALHOTRA, J.

( 1 ) FEELING aggrieved by the orders of Special Judge dated 26th May,2004 discharging both the respondents-accused of offences under Section 7,12, 13 (2), 13 (1) (d) of the PREVENTION OF CORRUPTION ACT, 1947 (hereinafter referred to as the Act), read with Section 120b of IPC, the petitioner CBI has assailed that order by way of filing the revision petition.

( 2 ) FACTS of the case leading to the registration of the case against the respondents-accused are that on 7th November,2001 a FIR was registered against the respondents on the basis of a tape recorded conversation between respondents No. 1 and respondent No. 2 indicating the demand of bribe of Rs. 10 lacs by respondent no. 1 from respondent No. 2 in connection with certain official favour. As per said conversation, a middle-man was to deliver a packet of Rs. 5 lacs in the office of the respondent No. 1 between 3. 30 PM and 4 PM and rest of the 5 lacs was to be delivered to the wife of respondent No. 1 at their residence. On receiving said recorded conversation from the source, CBI swung into action and summoned two independent witnesses Atam Prakash and Narender Kumar. These witnesses were sent to the offic





























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