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2010 Supreme(Del) 1

V.K.JAIN
R. C. Sabharwal – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Mr. Harish K. Sharma, Adv.
Mr. Vikas Pahwa, ASC with Mr. Biswajit Kumar Patra, Adv.

JUDGMENT :

V.K. JAIN, J.

1. These petitions involves a common questions of law as to (i) whether an order directing framing of charge or framing charge, in a case attracting the provisions of Prevention of Corruption Act, 1988 is an interlocutory order and (ii) whether such an order can be challenged by way of (a) Revision Petition or (b) petition under Section 482 of the Code of Criminal Procedure or (c) petition under Article 226/227 of the Constitution.

2. Section 19(3)(c) of the Prevention of Corruption Act provides as under:

?(c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.

3. In ‘Dharambir Khattar & Ors vs. CBI’ 2009 IV AD (Delhi) 657, four criminal revision petitions directed against the Order on Charge, passed by the learned Special Judge under Section 120B of the IPC, read with various provisions of Prevention of Corruption Act, 1988, were filed by the accused persons, against whom charges were framed. Relying upon the provisions of Section 19(3)(c) of the Prevention of Corruption Act, a preliminary ob








































































































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