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2016 Supreme(Del) 2162

P.S.TEJI
KUNAL SINGH – Appellant
Versus
CBI – Respondent


Advocates Appeared:
For the Appellant : Mr. P.P. Malhotra, Sr. Adv. with Mr. Vineet Malhotra, Adv., Mr. Yasir Rauf, Adv. & Mr. S. Kaushik, Adv.
For the Respondent: Ms. Sonia Mathur, Standing Counsel for CBI with Mr. Sushil K. Dubey, Adv. & Mr. A. Chauhan, Adv., Ms. Shreshtha Jain, Adv., Mr. Rajul Jain, Adv. Ms.Shreya Sinha, Adv, Ms. Ragini Singh, Adv. with Mr. Lalit Phullar, Investigating Officer.

JUDGMENT :

P.S.TEJI, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the “Cr.P.C.”) has been filed by the petitioner for quashing of order on charge dated 21.09.2013 passed by the learned Special judge (PC Act) CBI and framing of charge dated 07.10.2013 in RC No.2172012/A0005 under Section 120-B IPC and Sections 7, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and all the proceedings subsequent thereto.

2. The facts culled out from the record are that the CBI had filed a charge sheet against the accused/petitioner Kunal Singh and co-accused persons Ratan Singh, Uma Kant, Harish Dhondiyal, S.K. Garg and Anil Kumar Jaiswal. The FIR in question was registered on 03.06.2012. At the relevant time, accused Kunal Singh was posted as Director (Investigation), Income Tax, Kanpur; accused Ratan Singh was posted as Addl. Director (Investigation), Income Tax, Noida, accused Uma Kant was posted as Asstt. Director (Investigation), Income Tax, Noida; accused Harish Dhondiyal was posted as Inspector, Income Tax, Noida; accused S.K. Garg was the Chairman, accused Pankaj Bajaj (now approver) was





























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