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2024 Supreme(Del) 186

RAJNISH BHATNAGAR
Central Bureau of Investigation – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Anupam S. Sharma, SPP for CBI with Ms. Harpreet Kalsi, Mr. Prakarsh Airan, Mr. Ripudaman Sharma, Mr. Abhishek Batra and Mr. Vashisht Rao, Advocates, for the Petitioner.
Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibour, Mr. Jatin and Mr. Ashish Chojar, Advocates. Ms. Aanchal Budhiraja, Advocate for Intervener.

JUDGMENT

Rajnish Bhatnagar, J.

1. By way of this judgment I shall dispose of the present writ petition filed on behalf of the writ petitioner-CBI under Article 226 of the Constitution of India read with Section 482 Cr.P.C.

2. The instant writ petition has been filed against the order dated 18.11.2022 passed by Learned Special Judge CBI-018, New Delhi whereby the application filed by the CBI seeking certified copies of the documents was dismissed.

3. Heard.

4. Records perused.

5. During the course of the arguments, learned SPP for the petitioner-CBI submitted that the documents sought by the CBI were filed before the learned Special Judge in connection with the FIR/RC- 33(A)/2016/CBI/ACB/Delhi and the application was filed before the Ld. Special Judge in this regard wherein it was prayed that the documents be supplied for investigation purposes in connection with the another FIR/RC-DAI-2022-A-0051-CBI-ACB-DLI. He further submitted that once documents seized by the Investigating Officer in one case and have been forwarded to the Court, such documents are considered to be in the custody of the Court and permission of the Court where the said documents are lying is required for taking over s

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