APARESH KUMAR SINGH
Dhruva Prasad Ojha – Appellant
Versus
State of Jharkhand through the C. B. I. – Respondent
Both these petitioners have been arraigned as accused by the common impugned order dated 23rd December, 2017 passed by learned Spl. Judge-VII, C.B.I (A.H.D. Scam) Ranchi in R. C Case no. 64(A)/96-Pat in exercise of the powers under Section 319 of Criminal Procedure Code, whereunder cognizance has been taken against the petitioner D. P. Ojha under Section 120-B read with Sections 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(c)(d) of Prevention of Corruption Act. Cognizance has been taken against the petitioner Sukhdeo Singh under Sections 120-B read with Sections 420, 467, 468, 471, 477A of the Indian Penal Code and under Section 13(2) read with Section 13(1)(c)(d) of Prevention of Corruption Act. Both have been directed to appear.
2. Both the petitioners have raised common grounds of law in support of the challenge to the impugned order.
3. Factual grounds urged by each of the petitioners are being referred to separately hereinafter.
Petitioner D.P.Ojha (‘D’) superannuated from the post of Director General of Police, Bihar while Petitioner Sukhdeo Singh (‘S’) is an officer of the Indian Administrative Service presently serving under Government of Jh
Brijendra Singh & Ors. Vs. State of Rajasthan reported in (2017) 7 SCC 706
Bholu Ram Versus State of Punjab & another [(2008) 9 SCC 140]
Devinder Singh & Ors. Vs. State of Punjab through CBI
Hardeep Singh Vs. State of Punjab reported in (2014) 3 SCC 92
Jogendra Yadav & Ors. Vs. State of Bihar
Lalu Prasad Alias Lalu Prasad Yadav Versus State of Bihar through CBI(AHD) Patna [(2007) 1 SCC 49]
Mansukhlal Vithaldas Chauhan Vs. State of Gujarat
Nirpal Singh & others versus State of Haryana [(1977) 2 SCC 131]
Palanisamy Gounder and another vs. State represented by Inspector of Police [(2005) 12 SCC 327]]
Ram Narang Versus Ramesh Narang & others [(1995) 2 SCC 513]
Rakesh Kanojia Vs. State Government of NCT of Delhi & Anr. reported in 2012 129 DRJ 187
Rajendra Singh Versus State of U.P. & another [(2007) 7 SCC 378
State of Bihar Vs. Ranchi Zila Samta Party [(1996) 3 SCC 682]
Shashikant Singh Versus Tarkeshwar Singh and another [(2002) 5 SCC 738
State of Punjab Vrs. Labh Singh
Surinderjit Singh Mand & Anr. Vs. State of Jharkhand & Anr.
S. Mohammed Ispahani versus Yogendra Chandak and others [(2017) 16 SCC 226]
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