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2012 Supreme(P&H) 1044

MEHINDER SINGH SULLAR
Sanjeev Kumar – Appellant
Versus
Central Bureau of Investigation – Respondent


For the Petitioners:Mr. S.S. Narula & Mr. A.D.S. Sukhija, Advocates.
For the Respondent:Mr. S.S. Sandhu, Advocate.

JUDGMENT

Mr. Mehinder Singh Sullar, J.: (Oral) - As identical points of law and facts are involved, therefore, I propose to dispose of both the indicated petitions, arising out of the same impugned order dated 21.4.2012 and same criminal case, by virtue of this common judgment, in order to avoid the repetition.

2. The epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petitions and emanating from the record, is that a criminal case was registered against the petitionersaccused, vide FIR No.RCCHG-2008-A0030 dated 7.11.2008 (Annexure P1), on accusation of having committed the offences punishable under Sections 120-B IPC and 7 of the Prevention of Corruption Act, 1988 by the Central Bureau of Investigation (for brevity “the CBI”).

3. After the completion of investigation, the CBI submitted the challan/final police report against the petitioners-accused, in terms of section 173 Cr.PC in CBI Court at Chandigarh. The CBI relied upon a CD tape, containing the conversation between the accused, complainant and others. As the copy of CD with complete conversation was not supplied to the accused,



















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