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2022 Supreme(P&H) 536

ARVIND SINGH SANGWAN
Aryan Singh – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates Appeared:
Mr. Aman Pal, Advocate for the petitioner (in CRM-M-54107-2021) Mr. Bipan Ghai, Senior Advocate with Mr. Rishabh Singla, Advocate for the petitioner (in CRM-M-8233-2022; Mr. Sumeet Goel, Senior Advocate with Mr. Paramvir Dhull, Advocate for respondent No.1-CBI. Mr. Raman Sihag, Advocate for respondent No.2

Table of Content
1. quashing of fir based on allegations. (Para 1 , 2 , 3)
2. arguments regarding malicious prosecution. (Para 7 , 9)
3. discussion on credibility of evidence. (Para 12 , 13)
4. court's observations on investigation credibility. (Para 14 , 15 , 16)
5. final conclusion on the transfer of investigation. (Para 18 , 38)
6. abuse of process due to mala fide allegations. (Para 19 , 20 , 21)

JUDGMENT

Arvind Singh Sangwan, J. - Both the above-mentioned petitions shall be disposed of by this common Prayer made in the above mentioned petitions is for quashing of the FIR No.RC0512020S0001 dated 29.4.2020 registered at Police Station State Grime Branch, Chandigarh under Sections 452 , 323, 365, 342, 186, 225, 506 and 120-B IPC (earlier registered as FIR No.195 dated 30.8.2014 under Sections 452 , 323, 365, 342, 225, 186, 506, 120-B IPC at Police Station Phase-1, Mohali) as well as all the subsequent proceedings arising out of the same.

2. Learned Senior Counsel appearing for the petitioner-Gautam Cheema submits that initially, FIR No.195 dated 30.8.2019 was got registered by ASI Dilbagh Singh at Police Station Phase-I, Mohali against petitioner- Gautam Cheema, the then Inspector General

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