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2015 Supreme(All) 1908

A.P.SAHI
Hcl Infosystem Ltd. – Appellant
Versus
C. B. I. – Respondent


Advocates Appeared:
For the Petitioner: Manish Tiwary, Ashwini Kumar Awasthi.
For the Respondents: Anurag Khanna.

JUDGMENT

Amreshwar Pratap Sahi, J.

This application under Section 482 Cr.P.C. raises a crucial question about the jurisdiction of Sri Atul Kumar Gupta presiding over the Court of Special Judge, Anti Corruption, C.B.I. to proceed to try Special Case No.15 of 2013 and to quash the order dated 28.2.2015 passed by him. It may be placed on record that the impugned order dated 28.2.2015 in turn refers to the order passed by the learned Judge on 11.8.2014 in other cases relating to the same scam on the same issue of jurisdiction whereby it has been held that the court presided over by the aforesaid officer continues to have jurisdiction to try all NRHM cases in the entire State of U.P. The Special Judge has also referred to the judgment of this Court dated 23.9.2013 in Case No.33050 of 2013 to try cases of this class in relation to the jurisdiction enjoyed by him and accordingly has distinguished the judgment relied upon by the learned counsel in the decision of the Apex Court, State Vs. Jitender Kumar Singh, 2014 (11) SCC Page 724, which has been heavily and extensively relied upon by























































































































































































































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