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2015 Supreme(P&H) 1199

RAJAN GUPTA
Central Bureau of Investigation – Appellant
Versus
Harsimranjit Singh – Respondent


Advocates:
For the Petitioner:Mr. Sumeet Goel, Advocate.
For the Respondent No.1:Mr. H.S. Bhullar, Advocate.
For the Respondent No.2 in CRM-M-6758:Mr. Kunal Dawar, Advocate.
For the Petitioner in CRM-M-44147. Mr. Kunal Dawar, Advocate.

JUDGMENT

Mr. Rajan Gupta, J.: (Oral) - This order will dispose of above mentioned two Criminal Misc. Petitions, one preferred by Central Bureau of Investigation and another by Inspector S.P.S. Sondhi, impugning order dated 15.12.2014, passed by Special Judge, CBI Court, Chandigarh, operative part whereof reads as under:-

“Perusal of record shows that the complaint has been forwarded by the SP, CBI to Inspector General of Police through letter dated 10.03.2014. In view of the contents of criminal complaint dated 15.12.2014 and accompanying documents it is apparent on record that there are ingredients of offences punishable under sections 120-B IPC, 13 (1) (d) of Prevention of Corruption Act and Section 384 read with 120-B IPC. Therefore, CBI is directed to register a case and conduct further investigation in accordance with law.”

2. Learned counsel appearing for petitioners assert that the order passed by the Special Court is unsustainable in law in view of judgment of the Supreme Court reported as Central Bureau of Investigation through S.P. Vs. State of Rajasthan, 2001 (1) R.C.R. (Criminal) 574.

3. Mr. Goel, learned counsel for C.B.I also contends that while registering a case unde





















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