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2009 Supreme(Del) 598

MOOL CHAND GARG
A. J. K. Fernandez – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared
K. T. S. Tulsi, Sr. Advocate with Raj Kamal, for Petitioner; P. P. Malhotra, A. S. G. with Chetan Chawla, for Respondent.

ORDER :--

This order shall dispose of the aforesaid Revision Petition filed by the Petitioner under Sections 397/401 read with Section 482 of the Code of Criminal Procedure for setting aside the order directing framing of charges and the charges framed pursuant thereto. against the Petitioner on 17.05.2007 under Sections 465, 467, 468, 471 and 420 read with Sections 109 and 120B of Indian Penal Code by the Chief Metropolitan Magistrate, Delhi in case RC No. 6(E)/2003/CBI/SPE/EOU.VII, P.S. New Delhi dated 27.10.2003 registered by CBI on the complaint of Shri Anand Kumar, who claims to be the constituted attorney of his son Mukesh Kumar, a resident of Ireland.

2. The charges were framed by the CMM after the charge-sheet was filed by the prosecution under Section 173 of the Code of Criminal Procedure on 1.01.2004 after completing the investigation. In the chargesheet, besides the Petitioner, one K.Kadakasham. Deputy Manager of the State Bank of India, Nungambakkam Branch. Chennai, was also challanned as a co-conspirator. He also filed a separate revision but on account of his death, the same stands abated.

3. Briefly stating, the allegations made by the complainant in his complaint date














































































































































































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