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2019 Supreme(Jhk) 353

RAJESH SHANKAR
Uma Shankar Malviya – Appellant
Versus
State of Jharkhand through C. B. I. – Respondent


Advocates Appeared:
For the Appellant :Mr. Anshuman Sinha, Advocate
For the CBI : J.C. to Mr. Rajeev Sinha, ASGI

JUDGMENT :

1. The present appeal is directed against the order dated 30.01.2016 passed by the Special Judge, CBI Ranchi in connection with Cr. Misc. No.1/2013 along with Cr. Misc. No.03/2015 whereby and whereunder the petition filed by the petitioner under Section 340 of the Code of Criminal Procedure has been dismissed.

2. The factual background of the case is that pursuant to the order dated 4.8.2010 passed in W.P. (PIL) Nos.4770 of 2008 and 2255 of 2009, the CBI took up the investigation of Vigilance Case No.9 of 2009 dated 02.07.2009, which relates to commission of various offences punishable under the Indian Penal Code and the Prevention of Corruption Act, 1988. Accordingly, an FIR was instituted against Madhu Koda, the then Chief Minister of Jharkhand, Kamlesh Singh, Bhanu Pratap Shahi and Bandhu Tirkey (the Ex. Ministers of Government of Jharkhand) and on that basis R.C Case No. 05(A)/2010-AHD-R dated 11.08.2010 was registered under Sections 409, 420, 423, 424, 465 and 120B of the Indian Penal Code and Sections 7, 10, 11 and 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. During the course of investigation, the Central Bureau of Investigation conduc






























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