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2023 Supreme(Jhk) 938

SANJAY KUMAR DWIVEDI
Ashutosh Kumar – Appellant
Versus
Union of India through CBI – Respondent


Advocates Appeared:
For the Petitioners: Mr. Indrajit Sinha, Mr. Ankit Vishal, Mr. Rishav Kumar.
For the CBI : Mr. Anil Kumar, A.S.G.I., Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.

JUDGMENT :

All these three cases are arising out of same FIR, however, discharge and charge orders are different and in view of that, all these cases are being heard together with consent of the parties.

2. Heard Mr. Indrajit Sinha, learned counsel for the petitioners and Mr. Anil Kumar, learned A.S.G.I., appearing for the CBI.

3. In all these petitions, the prayer is made for quashing the orders dated 12.08.2022 passed by the learned Special Judge, CBI, Ranchi in connection with R.C. Case No.17(A)/2016-R registered for the offences under Section 109 of the Indian Penal Code and under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, whereby, discharge petitions filed under Section 227 of Cr.P.C. by the petitioners have been rejected. The prayer is also made for quashing the order dated 21.11.2022 passed by the learned Additional Judicial Commissioner-XVII cum Special Judge, CBI, Ranchi, whereby charges have been framed against the petitioners under Section 109 of the Indian Penal Code and under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988.

4. The FIR was lodged alleging therein that the petitioner-Ashutosh Kumar was worki

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