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2023 Supreme(Del) 5804

TUSHAR RAO GEDELA
Rakesh Bhatnagar – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Mr. Nikhil Pillai, Advocate, Mr. Harish Malik, Advocate, Mr. Kshitij Vaibhav, Advocate and Mr. Parth Kaushal, Advocate, for the Appellant; Mr. Nikhil Goel, SPP with Mr. Kartik Kaushal, Advocate and Ms. Siddhi Gupta, Advocate, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. -

[ The proceeding has been conducted through Hybrid mode ]

1. This is a petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") challenging the impugned order on charge dated 31.10.2018 and order framing charge dated 04.12.2018 by the learned Special Judge (PC Act), North-West District, Rohini in CBI Case No. 53/2016 titled "CBI vs Sri Chand & Ors".

2. The brief facts as per the case of prosecution culled out from the reply of the respondent to the petition is extracted hereunder:-

    "2.1 That the instant case was registered by the Respondent-CBI on 25.10.2006 upon directions issued by this Hon'ble Court passed in Writ Petition (Civil) No. 10066 of 2004. This case was registered in SCR-II branch, CBI against Srichand (A-1) Anna Wankhede (A-2), Mohan Lal (A-3) Prahald Kumar Thirwani (A-4) and other unknown persons for the commission of offences u/s 120-B r/w 419, 420, 468, 471 IPC and Section 13(2) read with 13(1)(d) of the PC Act.

    2.2 That Arvind Cooperative Group Housing Society Limited was registered on 31.03.1973 with 53 promoter members vide registration

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