SIDDHARTH MRIDUL
CBI – Appellant
Versus
R. K. YADAV – Respondent
SIDDHARTH MRIDUL, J
1. The present petitions raise a common issue of law and are being disposed of by this common order. By way of the present writ petitions, the Central Bureau of Investigation (hereinafter referred to as ‘the CBI’) assails the orders passed by Special Judge, CBI dated 18.02.2013 and 07.05.2014 whereby the CBI was directed to conduct investigation and proceed with the complaint of the respondents herein.
2. The facts in brief pertaining to W.P.(CRL.) No. 903/2013 are as follows:-
“A. Mr. R.K. Yadav (the respondent in the instant petition) is the former General Secretary, Cabinet Secretariat (RAW) Employees Association (Regd.), an association of RAW employees. On 28.02.1996, the respondent filed a complaint under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) with a prayer to initiate action against Mr. A.K. Verma and his family members for misappropriation of secret funds and possessing assets disproportionate to his known source of income.
B. The allegations in the complaint were on the basis of news published on 27.04.1992 in the Indian Express and Jansatta, that the then two serving Joint Secretaries o
CBI vs. State of Rajasthan & Another reported as (2001) 3 SCC 333 : 2001 SCC (Cri) 524.
State of West Bengal and Ors. vs. Committee for Protection of Democratic Rights
Sakiri Vasu vs. State of U.P. reported as (2008) 2 SCC 409.
A.R. Antulay vs. Ramdas Srinivas Nayak & Anr. reported as AIR 1984 SC 718.
Kishwar Jahan vs. State of West Bengal
Suganthi Suresh Kumar vs. Jagdeeshan reported as (2002) 2 SCC 420.
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