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2000 Supreme(All) 595

I.M.QUDDUSI
KARAN YADAV – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
GRIDHAR NATH, Prem Prakash Gandhi, R.N.TEWARY

I. M. QUDDUSI, J.


( 1 ) THESE petitions were heard for quite a number of days in different months.

( 2 ) HEARD the learned counsel for the petitioner, Sri Prem Prakash, Special Counsel for C. B. I. , Sri R. M. Tewari and the learned Standing Counsel for C. B. I. , Sri Girdhar Nath.

( 3 ) IN these case filed under Sec. 482 Cr. P. C. learned counsel for the petitioners has challenged the proceedings of the Court of Special Judicial Magistrate CBI, Deharadun and the order taking cognizance mainly as under:- (1) The jurisdiction of the C. B. I. , who have investigated the case. (2) The initiation of proceedings agaisnt the applicant are void ab initio. (3) The charge sheet submitted by the said agency is illegal arbitrary and unconstitutional, and (4) The charge sheet was filed on a date when there was a public holiday and the cognizance could not have been taken by the Court on a public holiday. The charge sheet was filed against some accused persons (8 persons) and against some other accused persons (10 persons) a final Report was mentioned in the report submitted under Sec. 173 Cr. P. C. Charge sheet and the Court could not have taken cognizance and passed order without issuing notic





























































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