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2022 Supreme(All) 1166

DINESH KUMAR SINGH
Shyam Sunder Prasad – Appellant
Versus
Central Bureau of Investigation, Lucknow – Respondent


Advocates Appeared:
For the Revisionist : Dhananjay Singh.
For the Opposite Party : Shiv P. Shukla.

JUDGMENT :

1. The present criminal revision under Section 397 read with Section 401 Cr.P.C. has been filed against the order dated 20.08.2022 passed by the Special Judge, C.B.I. Court No.6, Lucknow in Criminal Case No.04 of 2014, Union of India through CBI Vs. Shyam Sunder Prasad, arising out of RC No.0062014(A)0015, under Sections 7 and 13(2) read with 13(1)(d) Prevention of Corruption Act, Police Station CBI/ACB, Lucknow, whereby the learned trial court has allowed the Application No.B-28 filed by the Central Bureau of Investigation ( for short ‘CBI’) under Section 311 Cr.P.C. for summoning Sri Mahesh Kumar Jain to give evidence in respect of the electronic evidence as Smt. Manisha Kulshreshta, who prepared paper Nos.B-22/1 to B-22/4, is not living in India now and directed for calling Sri Mahesh Kumar Jain as a witness to prove the said documents.

2. The facts, in brief, are that a written complaint was received by the CBI, Lucknow from Sri Kaleem Ahmad on 23.4.2014 regarding demand of illegal gratification by the revisionist. Sri Kaleem Ahmad had taken a Cash Credit Loan of Rs.80,00,000/-from Punjab National Bank, Dhangata, Sant Kabir Nagar. Some cheques of this account got dish

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