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2023 Supreme(Jhk) 1107

SANJAY KUMAR DWIVEDI
Union of India – Appellant
Versus
Harihar Prasad Sinha @ H. P. Sinha – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anil Kumar, Chandana Kumari.
For the Respondent: A.K. Kashyap.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Anil Kumar, learned A.S.G.I. appearing for the petitioner-CBI and Mr. A.K. Kashyap, learned senior counsel appearing for the sole opposite party.

2. This petition has been filed for quashing the orders dated 19.06.2023 and 23.06.2023 passed by the learned Additional District Judge III cum Special Judge, CBI Cases, Dhanbad in connection with CBI Case No. 23(A)/1993-R, whereby, the petition filed by the CBI under Section 311 of Cr.P.C. has been rejected by the learned Court.

3. Mr. Anil Kumar, learned A.S.G.I. appearing for the petitioner-CBI submits that the case was registered against the opposite party under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. He submits that the assets acquired by the opposite party during June, 1980 to November, 1993 is disproportionate to the extent of Rs. 23,81,430/- which is he alleged to have acquired by corrupt and illegal means and which he cannot explain satisfactorily. He further submits that the CBI has examined altogether 30 witnesses in the case and PWs. 19 and 20 are sought to be recalled for exhibit of certain documents contained in the list of documents al

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