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2018 Supreme(Del) 501

R.K.GAUBA
STATE – Appellant
Versus
MUKESH KUMAR SINGH – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.S. Kundu, ASC with Ms. Suman Saharan and Mr. Premsagar Pal, Advocates. SI Bhoop Singh, P.S. A.C. Branch.

JUDGMENT :

1. The criminal case (CC No.18/2010) from which these three petitions arise was registered on the basis of report(s) submitted under Section 173 of the Code of Civil Procedure, 1973 (Cr.P.C.) – hereinafter referred to as “the case of ACB” – in relation to First Information Report (FIR) No.34/2008, which was registered on 16.10.2008 by Anti-Corruption Branch (ACB) Police Station of the Government of NCT of Delhi (GNCTD) for investigation into offences allegedly committed under Sections 7, 8 and 13(1)(a) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (“POC Act”, for short) read with Sections 384, 120-B and 34 of Indian Penal Code, 1860 (“IPC” for short).

2. The Special Judge, in seisin of the case, directed by order dated 02.03.2017, one of the accused persons whose prosecution was sought by ACB to be put on trial while discharging the two others. The order of discharge is challenged by the State by the criminal revision petition while the accused against whom charges have been framed assails the same very order invoking the writ jurisdiction of this court. The said accused had questioned the legality and validity of the sanction for his prosecutio



































































































































































































































































































































































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