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2012 Supreme(All) 733

SUDHANSHU DHULIA
Ashok Kumar – Appellant
Versus
State – Respondent


Hon’ble Sudhanshu Dhulia, J.:—

1. Heard Mr. S.K. Agarwal, Senior Advocate assisted by Mr. M.K. Singhal, Advocate for the appellant and Mr. Arvind Vashisth, Advocate for the Central Bureau of Investigation.

2. This appeal arises out of judgment and order dated 30.7.1999 passed by the Court of Special Judge, Anti Corruption, U.P. (East), Dehradun in C.B.I. Case No. 6 of 1992, whereby the present appellant has been convicted and sentenced under Section 7 and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act.

3. The brief facts of the case, as per the prosecution, are that the complainant moved a written complaint before Superintendent of Police (C.B.I), Dehradun on 31.12.1991, which was later registered as an F.I.R. on direction of the Superintendent of Police (C.B.I.). In the said F.I.R. it was stated by the complainant that he is a member of Scheduled Caste community. He had moved an application for loan before the U.P. Scheduled Caste

2

Finance & Development Corporation, Dehradun (from hereinafter referred to as the Corporation) for opening a grocery shop. When he later enquired about his loan from the office of the Corporation he was informed that all the



























































































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