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2002 Supreme(Del) 246

K.S.GUPTA
DEL AGHA – Appellant
Versus
RAKESH GUPTA – Respondent


K. S. Gupta

( 1 ) THIS revision petition is directed against the order dated 4th January, 2002 passed by ACMM, Patiala House Courts, New Delhi dismissing the application of petitioner/accused under Section 210 Code of Criminal Procedure

( 2 ) CONNECTED with the recovery of Chinese silk textile on 28/08/2000 from Ms. Olga kozireva/accused, a complaint under-Sections 132 and 135 of Customs Act, 1962 has been filed by the Customs and RC. 5 (E)/2001 under Sections 120-B indian Penal Code read with 420 Indian Penal Code and 13 (l) (d) (2) of P. C. Act, 1988 and substantive offences under Sections 13 (2) read with Section 13 (1 ) (d) of P. C. Act has also been registered by SIU (IX) branch, CBI. Latter case is still under investigation. In the complaint, the petitioner filed application under section 210 Code of Criminal Procedure for stay of proceedings till the police report under Section 173 Code of Criminal Procedure was filed in the case registered by CBI and by the order under challenge the application has been dismissed by ACMM, Patiala House Courts before whom the complaint is pending. Section 210 code of Criminal Procedure which is material, is reproduced below:-

"procedure to be f


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