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2014 Supreme(Online)(SC) 263

SUPREME COURT
R.K. Agrawal, J
Central Bureau of Investigation (CBI) – Appellant
Versus
Sujata Chauhan – Respondent


Advocates:
For the Appellants/Petitioners: Ajit Kumar Sinha, Atul Chitley
For the Respondents: Basava Prabhu Patil, Pradeep K. Ghose

Table of Content
1. formation of fraudulent society and land allotment (Para 3 , 4 , 5 , 6)
2. court's duty to determine real offenders (Para 8 , 13 , 14 , 19 , 20)
3. jurisdiction and power of magistrates and courts (Para 9 , 10 , 11)
4. powers and procedures for special judges (Para 22 , 23 , 24 , 25 , 26)
5. restoration of special judge's order (Para 30 , 31)

1. Leave granted.

3. The brief facts of the case are that in the year 1983, a Society named Maharani Avanti Bai Co - operative Society was formed and from time to time members were enrolled by its Managing Committee. Upto the year 1989 there were 90 members of the Society and thereafter further enrolment of members was stopped. However, no land was allotted to the Society for many years and in the meantime its members became disinterested in the running of the Society as the cost of the flats to be constructed had gone very high and beyond their reach. The society thus became dormant.

5. On completion of the investigation, the CBI filed a charge - sheet in the Court of Special Judge against six persons, out of whom two were public servants while other four were the members of the bogus Managing Committee of the Society, who had tak








































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