M.L.MEHTA
PRAKASH CHANDRA – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
M.L. MEHTA, J.
1. The present petition assails the order of the Ld. Special Judge, CBI dismissing the application of the petitioner filed under section 311 Cr. PC for recalling PW1, the sanctioning authority for further cross-examination.
2. The brief facts necessitating the disposal of the present petition are that the petitioner and accused K.S. Meena were SDM and they are alleged to have misused there official position as public servants by dishonestly signing incomplete affidavits which were used by M/s Khatri enterprises and M/s Zee Enterprises in taking clearance from POE office showing unskilled labour to be skilled labour. A surprise search was conducted at the premises of the aforesaid two companies and incomplete affidavits signed by the petitioner and accused K.S. Meena were recovered. Thereafter search was conducted at the premises of the petitioner and accused K.S. Meena which produced rubber stamps which on comparison were found to be the same as used on the seized incomplete affidavits. The investigations revealed that the business of M/s Khatri Enterprises was being run by accused Avinash Chandra and M/s Zee Enterprises was run by accused Nayeem Ahmed. The
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