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2002 Supreme(All) 443

G.P.MATHUR, R.P.MISRA
SANJAY SOMANI – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
A.D.Giri, D.R.Chaudhary, Giridhar Nath,

G. P. MATHUR, J.

This matter has come before us on a reference made by a learned single Judge.

2. The Chief Manager, Allahabad Bank lodged an FIR against the petitioners and some others on 25-2- 1994 under Sections 420, 467, 468, 471, 120-B IPC and Section 13 (1) (d) of the Prevention of Corruption Act, at P. S. Phneelkhana, Kanpur Nagar. The case was investigated by CBI and a charge-sheet was submitted in the Court of Special Judge (Anti-Corruption) Central U. P. , Lucknow. At the stage of framing of the charge, the petitioners moved an application on 28-9-1999 for summoning certain documents, which was rejected by the Special Judge by the order dated 17-4-2001. A second application moved for similar purpose on 19-5-2001 was also rejected on 17-8-2001. The present petition under Section 482 Cr. P. C. has been filed for quashing of the order dated 17-8-2001 and for issuing a direction to the Special Judge to summon the documents mentioned in the application moved by the petitioners.

3. Central Bureau of Investigation (CBI) has been constituted under the Delhi Special Police Establishment Act, 1946. The State Government in exercise of power conferred by Section 178 of Code of Crimin



















































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