G.P.MITTAL
S. Kalyani – Appellant
Versus
Central Bureau of Investigation – Respondent
G. P. Mittal, J.
(ORAL) CRL.MA 1055/2013 (for early hearing)
1. Since Crl.M.A.19331/2012 for stay is taken up for hearing, the application for early hearing is disposed of.
CRL.MA.19331/2012 (stay)
2. It is urged by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the case and he is innocent. Thus, the impugned order dated 24.04.2012 passed by the learned Special Judge ordering framing of charges against the Petitioner is liable to be set aside.
3. Learned counsel for the Petitioner contends that if the proceedings before the Trial Court are not stayed, his Writ Petition praying for quashing of the charges will become infructuous. In support of his contention, the learned counsel for the Petitioner places reliance on Arun Kumar Sharma & Ors. v. UT Chandigarh & Anr. 2005 (11) SCC 480 wherein the proceedings before the Trial Court were ordered to be stayed. The learned counsel for the Petitioner also relies on Abhay Singh Chautala v. CBI, SLP Appeal (Crl.) 7384/2010 decided on 22.10.2010; Asia Resurfacing of Road Agency & Anr. v. CBI, SLP (Crl.) Appeal MP No.18586/2011, decided on 29.03.2011; Naveen kaushik v. CBI, SLP (Crl.) MP No.8858 d
Anur Kumar Jain v. CBI (2011) 178 DLT 501 (DB) [Para 5]
Arun Kumar Sharma & Ors. v. UT Chandigarh & Anr. 2005 (11) SCC 480 [Para 3]
Indra Sawhney v. Union of India (2000) 1 SCC 168 [Para 8]
Janata Dal v. H.S. Chowdhary (1992) 4 SCC 305 [Para 8]
Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551 [Para 8]
Satya Narayan Sharma v. State of Rajasthan (2001) 8 SCC 607 [Para 4]
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