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2015 Supreme(Del) 2583

SIDDHARTH MRIDUL
ADESH KUMAR GUPTA – Appellant
Versus
CBI – Respondent


Advocate Appeared:
For the Petitioners:Mr. R.N. Mittal, Sr. Advocate with Mr. K.C. Mittal, Ms. Suman Chaudhry and Ms. Ruchitra Mittal, Advocates
For the Respondents: Mr. Sanjeev Bhandari, SPP with Inspector Harish Chandra, ACB/CBI

JUDGMENT :

SIDDHARTH MRIDUL, J.

1. The present writ petition seeks the following prayers:-

“(a) In the nature of certiorari quashing the FIR RC No.DAI-2014-A-0040 under section 168 of the Indian Penal Code against the petitioner registered by the respondent at CBI, Anti Corruption Branch (ACB), New Delhi and consequent proceedings arising therefrom.

(b) Quash and set aside the impugned order dated 21.11.2014 passed by the Ld. CMM, (South), Saket Court, New Delhi and the proceedings therefrom.

(c) Pass such other order restraining the respondents, their offices and the IO from taking any further action against the petitioner on the basis of FIR and the impugned order or stay the operation of the impugned FIR and the order dated 21.11.2014.

(d) Pass such other and further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

2. The petitioner is an officer belonging to the Indian Telecommunication Services (ITS), 1986 Batch and is presently posted as General Manager, Bharat Sanchar Nigam Limited, Noida, Gautam Budh Nagar, Uttar Pradesh.

3. The facts leading up to the filing of the present petition are encapsulated as under:-

(a) An application dated












































































































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