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2024 Supreme(Guj) 1303

A. Y. KOGJE, SAMIR J. DAVE
DIGVIJAY MISHRA S/O LAL SHARMA MISHRA – Appellant
Versus
B. S. CHAUHAN – Respondent


Advocates:
Advocate Appeared:
For the Appellants : MANISH GUPTA, AKASHKUMAR H. PATEL.
For the Respondent: R.C. KODEKAR.

JUDGMENT :

A.Y. KOGJE, J.

1. Rule returnable forthwith. Learned counsel Mr. R.C. Kodekar waives service of rule on behalf of respondent.

2. This petition is filed under Section 12 r/w Section 2(b) of Contempt of Courts Act r/w Article 215 of the Constitution of India praying for initiating contempt proceedings against the respondent for not complying with the directions of the Hon’ble Supreme Court in case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and order dated 11.07.2022 passed by Hon’ble Supreme Court in case of Satender Kumar Antil vs. CBI & Anr. 2022 SCC Online SC 825.

3. It is the case of the applicant that the applicant was issued under Section 41A of the Code of Criminal Procedure, 1973 (for short “the Code”) dated 12.10.2023 in connection with Case No. RC0292022A0019 dated 21.12.2022 registered with CBI, ACB, Gandhinagar under the provisions of Section 109 of the Indian Penal Code and under Sections 13(2) r/w 13(1)(b) of the Prevention of Corruption Act, 1988.

4. According to the applicant, the issuance of such notice was sent to the office of the applicant, who was then under suspension and vide Office Memorandum of the office of the applicant, the same was supplie

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