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2015 Supreme(Del) 3384

SURESH KAIT
Arvind Khanna – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocate Appeared:
For the Petitioners:Mr. Arvind Nigam and Mr. Atul Nanda, Senior Advocates with Ms. Rameeza Hakeem, Mr. Sandeep Kapoor, Ms. Apoorva Pandey and Mr. Rajat Brar, Advocates
For the Respondents:Mr. Narender Mann, Special Public Prosecutor with Mr. Manoj Pant and Ms. Utkarsha Kohli, Advocates.

JUDGMENT :

SURESH KAIT, J.

1. Vide Crl. M.C. No.2784/2011, the petitioner seeks quashing of FIR bearing No.RC-AC-1-2007-A-0003 dated 02.04.2007, chargesheet dated 13.12.2010 and the order dated 05.07.2011 passed by the learned Additional Chief Metropolitan Magistrate-01 (ACMM), Patiala House Courts, New Delhi, whereby cognizance under Section 35 read with Section 3 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter shall be called ‘FCRA, 2010) was taken and summons were issued against the petitioner.

2. Vide Crl. M.C. No.3342/2011, the petitioner seeks quashing of the order dated 20.08.2011 passed by the learned Revisional Court in Criminal Revision No.02/2011 filed by the Central Bureau of Investigation (CBI). While allowing the said revision petition, order dated 05.07.2011 was substituted providing that deemed cognizance has been taken under Section 23 read with Section 4 of the Foreign Contribution (Regulation) Act, 1976 (hereinafter shall be called ‘FCRA, 1976’).

3. Since the issues raised in both the petitions are inter-related, therefore, both these petitions were heard together and are decided together by this common judgment.

4. Brief facts of the case are that














































































































































































































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