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2012 Supreme(All) 2926

ASHWANI KUMAR SINGH, IMTIYAZ MURTAZA
ANUPAMA SINGH – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates:
Counsel :
S.M. Royekwar, Abhay Pratap Singh, Asim Kumar Singh, Brijesh Kumar Singh, Chandra Bhushan Pandey, H.S. Jain, Prince Lenin, Rohit Tripathi and Saurabh Shankar Srivastav for the Petitioner; C.S.C., Bireshwar Nath, Dhruv Mathur and Kapil Misra for the Respondents.

JUDGMENT

Hon’ble Imtiyaz Murtaza J.—The above petitions have the complexion of Public Interest Litigation and have their genesis in the C.B.I. enquiry conducted pursuant to the orders rendered by the Apex Court in Writ Petition No 13381 of 1984, M.C. Mehta v. Union of India dated 27.11.2006 whereby the C.B.I. had filed police report under Section 173 (2) Cr.P.C alongwith the report of S.P. and entire related material against Ms. Mayawati, Sri Naseemuddin Siddiqui, Sri R.K.Sharma and Sri Rajendra Prasad under Section 120-B, 420, 467, 468 and 471 IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. In the aforesaid petition filed by M.C. Mehta (supra), the Apex Court gave following direction which are excerpted below.

“We accordingly, direct C.B.I. to place the evidence/material collected by the investigating team alongwith the report of the SP as required under Section 173 (2) Cr.P.C before the Court/Special Judge concerned who will decide the matter in accordance with law. It is necessary to add that in this case we were concerned with ensuring proper and honest performance of duty by C.B.I. and our above observations and reasons are confin


























































































































































































































































































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