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2022 Supreme(Del) 489

CHANDRA DHARI SINGH
Devender Gupta – Appellant
Versus
CBI – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mohit Mathur, Mr. Asim Naeem.
For the Respondents: Mr. Rajesh Kumar, Ms. Mishika Pandita.

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) read with Article 227 of the Constitution of India has been filed seeking setting aside of order dated 7th August 2014 passed by learned Special Judge-CBI (PC Act)-06, Tis Hazari Courts, Delhi (hereinafter “learned Special Judge”) in CC No. 03/12.

FACTUAL MATRIX

2. The petitioner herein is a public servant who has been named as an accused in RC No. 47(A)/99/CBI/ACB/ND under Section 13(2) read with Section 13(1)(d) and 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter “PC Act”). Learned Special Judge vide order dated 11th April 2008 framed charges against the petitioner for the offence punishable under Section 13(2) read with Section 13(1)(d) and 13(1)(e) of the PC Act for disproportionate assets of Rs.9,48,19,816/-. Learned Special Judge also framed charges under Section 109 of the Indian Penal Code, 1860 (hereinafter “IPC") against the other persons named as accused.

3. During pendency of the trial, in the present case, this Court in Crl. M.C. No. 2695 of 2010, titled as G.S. Matharoo vs. CBI vide judgment and order dated 25th Januar

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