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2011 Supreme(Del) 954

A.K.SIKRI, SURESH KAIT, M.L.MEHTA
C. S. Agarwal – Appellant
Versus
State & Ors – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Advocate, Mr. Siddharth Luthra, Sr. Advocate, Mr. Arvind Nigam, Sr. Advocate with Ms. Ramjana Roy Gawai, Mr. P.K. Dubey, Mr. Abhishek Kr. Rai, Mr. Kunal Sood, Mr. Shailesh Suman, Mr. Anurag Yadav, Mr. Arshadeep Singh, Ms. Vasudha Sen, Mr. Madhur Jain, Advocate in LPA No. 819 of 2010 for the Appellant.
Mr. Sakal Bhushan with Mr. Sumit Gupta, Advocate in LPA No. 825 of 2010 for the Appellant.
Mr. K.T.S. Tulsi, Sr. Advocate, Mr. Ramesh Gupta, Sr. Advocate with Mr. Rajinder Singh, Mr. Gaurav M. Librahem, Mr. Lalit Choudhary, Advocates for the Respondent No. 3.
Mr. Ranjit Kapoor, ASC for the State.

A.K. Sikri, J.

1. C.S. Agarwal, the appellant in LPA No. 819 of 2010, had filed Writ Petition (Crl.) No. 57 of 2010 invoking the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking appropriate writ for quashing the FIR No. 264/2009 dated 23.12.2009 lodged against him and others by the Economic Offences Wing, Crime and Railways, Delhi under Sections 420/406/120-B of the Indian Penal Code. The said writ petition has been dismissed vide orders dated 11.11.2010 passed by the learned Single Judge of this Court and against that order LPA No. 819 of 2010 has been preferred by C.S. Agarwal.

2. Another accused in the said FIR is D.K. Jain. He has also filed LPA No. 825 of 2010 challenging the same judgment, inter alia, on the ground that some of the observations in the said orders are prejudicial to him and therefore, he is also an aggrieved party. The respondents took a primary objection to the maintainability of these LPAs contenting the judgment of the learned Single Judge was passed in exercise of criminal jurisdiction and a Letters Patent Appeal against such an order is clearly barred by Clause 10 and C

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