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2023 Supreme(Jhk) 1183

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


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha, Mr. Ankit Vishal, Mr. Rishav Kumar.
For the CBI : Mr. Anil Kumar, A.S.G.I., Ms Chandana Kumari, A.C. to A.S.G.I.

JUDGMENT :

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

2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 19.08.2020, by which, cognizance for the offence under Section 109 of the Indian Penal Code and Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act has been taken against the petitioner, in connection with RC 17(A)/2016-R, CBI/ACB/Ranchi, pending in the court of learned Special Judge, CBI, Ranchi.

3. The prosecution case in brief is that one Ashutosh Kumar, who was working as Deputy General Manager, MSME Tool Room, Jamshedpur (Indo Danish Tool Room), Ministry of Micro, Small and Medium Enterprises, Government of India had acquired pecuniary resources and property disproportionate to his known source of income to the tune of Rs. 1,40,37,414/-during the check period 01.04.2007 to 23.09.2016 which cannot be satisfactory accounted for by the accused persons.

4. Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that the investigating officer has submitted the chargesheet dated 31.12.2019 aga

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