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2017 Supreme(Del) 4738

SANGITA DHINGRA SEHGAL
BIRENDER SINGH YADAV – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sudhir Nandrajog, Senior Advocate, Mr. Manish Tiwari, Mr. Anil Kumar, Mr. Alok Sharma, Advocates, Mr. N. Hariharan, Senior Advocate with Mr. A.K. Mittal & Ms. Rachna Maheshwari, Advocates.
For the Respondent:Mr. Sanjeev Bhandari, Advocate.

JUDGMENT :

Crl. M.A. 19520/2017, 19284/17, 18282/17, 19283/17 (for clarification and modification of order dated 30.10.2017)

1. The present applications have been filed by the petitioners under Section 482. The Code of Criminal procedure, 1973 (hereinafter referred as “Cr. P.C”) for clarification and modification of the order dated 30.10.2017, passed by this court.

2. Vide order dated 30.10.2017, this court passed the following orders :-

“14. Keeping in view the above, it is observed that the Charges on 10.02.2017 have not been framed against the petitioners in accordance with the Order-on –Charge dated 01.02.20147 and this requires to be settled before the commencement of recording of evidence. The recording of evidence in these circumstances would be a futile exercise and will vitiate the entire proceedings resulting in failure of justice. Resultantly, the matter is remanded to the Court of Special Judge, (PC Act), CBI-01, Central District, Tis Hazari Courts, Delhi.”

3. Mr. Hariharan, learned counsel for the petitioner through his present application prayed for revival of the present petition to its original number on the ground that on 01.02.2017, the then Ld. Special Judge, CBI pass


























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