GITA MITTAL, ANU MALHOTRA
Court On Its Own Motion – Appellant
Versus
Mahender Singh Manan alias Mahender Sharabi – Respondent
1. While hearing Crl.A.Nos.715, 753, 831, 851, 861, 1099 of 2013 & 710 of 2014 (challenging the judgment dated 30th April, 2013 in Sessions Case No.26/10 arising out of RC 24/2005-SIU-I/SIC-1/CBI/ND) ld. counsels for the private parties have relied upon judgments in Sessions Case No. 31/86 dated 29th April, 1986; Sessions Case No.32/86 dated 17th May, 1986; Sessions Case No.11/86 dated 28th May, 1986; Sessions Case No.10/86 dated 15th July, 1986 and Sessions Case No.33/86 dated 4th October, 1986 shocking our judicial conscience and compelling us to invoke our jurisdiction under Section 401 of the Cr.P.C. Without opining on the merits of any of the submissions made therein or the veracity of the evidence led in SC No.26/10 or on the legal merits of the prosecutions, trials and judgments in SC Nos.31/86, 32/86, 11/86, 10/86 and 33/86 we set out some essential facts, statutory provisions and legal principles which have compelled us to make the present order.
Factual narration
2. Post the assassination of Smt. Indira Gandhi, Late Prime Minister of India, in the riots with erup
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