G.M.AKBAR ALI
R. Karunkakaran – Appellant
Versus
The Inspector of Police Central Bureau of Investigation – Respondent
1. By consent, the matter is taken up for final hearing. The petitioner herein seeks a direction to call for the records in C.C.No.6 of 2008 on the file of the learned II Additional and Sessions and Special Judge for CBI Cases, Coimbatore, and to recall the order made in M.P No.629 of 2009 dated 1.10.2010 in C.C.No.6 of 2008, in which, the trial court proceeded to take cognizance against him by arraying as A.3 based on the charge sheet filed by the respondent for the offence under Secs.120-b, 420, 468, 471 PC r/w 13 (2) r/w 13(1) of Prevention of Corruption Act 1988 and to quash the entire proceedings.
2. The facts of the case which led to filing of the charge sheet against the petitioner and others are as follows:
One Gunasekar (A.2), is the proprietor of Appu Apparels Exports, dealing with export of readymade garments. One Muthukumarasamy (A.1), the petitioner herein (A.3) and one Selvaraj (A.4) were working as Superintendents of Customs and Central Excise ICD Coimbatore from 2001 to 2003.
3. According to the prosecution, they entered into a criminal conspiracy with A.2 and cheated the Customs Department by way of preparing false shipping bills, falsely declaring the Po
2. 2004 (7) SCC 338 (Adalat Prasad v Rooplal Jindal & others)
6. 2009 (2) SCC 370 (Dhariwal Tobacco Products Limited and Others v State of Maharashtra & another)
8. 2004 (7) SCC 768 (Gangadhar Janardan Mhatre v State of Maharashtra & others)
7. 1977 4 SCC 551 (Madhu Limaye v The State of Maharashtra)
9. AIR 1995 SC 785 (State of West Bengal & another v Mohammed Khalid & others)
4. 2008 (4) SCC 409 (M. Balakrishna Reddy v Director, Central Burau of Investigation
5. 1996 (9) SCC 735 (Central Bureau of Investigation v State of Rajasthan & others)
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