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MUKTA GUPTA
Sheila Kaul Thr. M. S. Deepa Kaul – Appellant
Versus
State Thr. CBI – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Ms. Rebecca M. John and Mr. Harsh Bora, Advs.
For Respondents/Defendant: Ms. Sonia Mathur, SC for CBI

Judgment

Mukta Gupta, J.

1. By the present petition the Petitioner challenges the order dated 2nd February, 2012 directing framing of charge against the Petitioner for offences under Section 120B IPC read with Section 7, 8, 9, 10, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1947 (in short the PC Act) and also the substantive offences under these Sections. Learned counsel for the Petitioner contends that the Petitioner at best used her discretionary power to make out of turn allotments following the rules empowering her to do so. Even if the Petitioner committed any violation of the rules, the same cannot be a subject of criminal investigation as no offence can be said to be made out. There is no material on record to show that any of the witnesses met the Petitioner or that she accepted the bribe. Despite extensive investigation there is no identifiable claimant who claims that his interest was damaged by the alleged malicious action of the Petitioner. Further the notification dated 21st June, 1997 titled as "The Out of Turn Allotments of Government Residences (Validation) Ordinance, 1997" bars lodging of any suit/legal proceedings relating to the out of tur
























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