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2005 Supreme(Jhk) 680

SUDHANSU JYOTI MUKHOPADHAYA, N.N.TIWARI
TRIPURARI MOHAN PRASAD – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :

S. J. MUKHOPADHAYA, J.

( 1 ) THE petitioner, who is accused in different Scam cases of Animal Husbandry Department (commonly known as fodder Scam Cases), having preferred these writ petitions and having raised common question, all the three writ petitions have been heard together and are being disposed of by this common order. W. P. (Cr.)No. 74 of 2005 in this case, the petitioner has challenged the order dated 8th February, 2005, passed by the learned Special Judge, C. B. I, Ranchi, in R. C. 5 (A) of 2000, whereby, the learned court below while rejecting the prayer, made on behalf of the petitioner to issue summons under Section 319 (sic) of the Code of criminal Procedure on certain witness also rejected the prayer of the petitioner to record statements of the accused persons under section 313 of the code of criminal procedure along with the statement of the accused persons in R. C. 47 (A) of 1996 (Pat.), recorded under Section 313 of the code of criminal Procedure. From the statements, made on behalf of the petitioner, and the enclosures, attached with the writ petition, it appears that altogether 58 prosecution witnesses have been examined in R. C. 5 (A) 2000. It is o











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