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2022 Supreme(Del) 1563

ASHA MENON
Satyendar Kumar Jain – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates appeared:
N. Hariharan, Advocate, Bhavook Chauhan, Advocate, Vaibhav Yadav, Advocate, Siddharth S. Yadav, Advocate, P.R. Angara, Advocate, Prateek Bhalla, Advocate, Vaibhav Sharma, Advocate, Mridul Jain, Advocate

JUDGMENT

asha Menon, J. - This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') read with article 227 of the Constitution of India, against the order dated 20th November, 2020 passed by the learned Special Judge (PC act) (CBI)-24 (MP/MLa Cases), Rouse avenue District Courts, New Delhi.

2. Mr. N. Hariharan, learned senior counsel for the petitioner, submitted that it was obligatory for the prosecution and the investigating agency to bring before the court all the material they had collected during investigations and the same had to be also furnished to the accused persons, be the material in favour of the prosecution or the defence. The second submission made was that unless and until all material collected by CBI was not placed before the Sanctioning authority, the sanction for prosecution was itself invalid.

3. In the present case, the contention is that in the course of investigations, the CBI had searched the locker bearing No.152, which had belonged to the respondent No.4/Vaibhav Jain, maintained at the HDFC Bank, Chandani Chowk, Delhi. a Locker Operation Memo dated 13th april, 2018 was also prepared and it was found that the

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