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2010 Supreme(Del) 558

SHIV NARAYAN DHINGRA
MOHAN LAL JATIA – Appellant
Versus
REGISTRAR GENERAL, SUPREME COURT OF INDIA – Respondent


Advocates Appeared:
Mr. K.K. Sud, Sr. Advocate with Mr. Kunal Malhotra & Mr. Mahipal Ahluwalia, Advocates.
Mr. Vikas Pahwa, Standing Counsel for CBI with Mr. Tarun Verma, Advocate.

JUDEMENT

SHIV NARAYAN DHINGRA, J. By the present petition, the petitioner has assailed the order of learned Chief Metropolitan Magistrate (CMM) dated 11th December, 2009, whereby an application of the petitioner for adopting a procedure of warrant trial as applicable to a complaint case and for recording pre-charge evidence was dismissed.

2. Brief facts relevant for the purpose of deciding this petition are that in an SLP pending before Supreme Court, being SLP No. 1330 of 1986, challenging a detention order, an affidavit was filed by accused Ashok Jain that a representation had been made in the Secretariat of President of India on 15th April, 1986, and this representation had not been disposed of by the Central Government. This plea, taken by the petitioner before the Supreme Court, was contested by Union of India (UOI) and it was stated that no such representation was filed before the President of India and a false affidavit was sworned before the Supreme Court. The Secretariat of President of India filed an affidavit informing the Court about the procedure by which dak was received and handled at Rastrapati Bhawan. Register from the office of Rastrapati Bhawan was produced befor













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