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2024 Supreme(UK) 373

VIVEK BHARTI SHARMA
Heena Thapa – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Devadatt Kamat, learned Senior Counsel assisted by Mr. Navneet Kaushik, Mr. Abhimanshu Dhyani, Mr. Kunal Singh and Mr. Sahil Modi, learned counsel
For the Respondent: Mr. V.K. Kapruwan, learned counsel

JUDGMENT :

Vivek Bharti Sharma, J.

By means of present C482 petition, petitioner seeks to quash the order dated 22.01.2024 passed by Additional Chief Judicial Magistrate-II, Dehradun in Criminal Case No.01 of 2024 “CBI vs. Sudhir Kumar Windlass & Ors.” and the common charge sheet dated 28.12.2024 filed by the respondent-CBI in the said case.

2. Learned Senior Counsel appearing for the petitioner/accused would submit the present petition has been filed with limited prayer to challenge the clubbing of two distinct FIRS in a single charge-sheet by the respondent-CBI.

3. He would submit that admittedly in the instant case two FIRs were filed being FIR No.13 of 2022 dated 09.01.2022 (RC00720023S0002) and FIR No.31 of 2022 dated 25.01.2022 (RC0072023S0004); that, a bare reading of two FIRs would show that while first FIR i.e. RC No.002 relates to an alleged incident of impersonation in execution of sale deed dated 18.05.2010, the second FIR i.e. RC No.004 pertains to another sale deed dated 09.06.2021; that, the petitioner is arrayed as Accused No.13 in this second FIR RC004 and has nothing to do with RC002, however, respondent-CBI has filed a common charge-sheet in two distinct FIRs despite

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