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2019 Supreme(Online)(UK) 8

Ravindra Maithani, J
Dr. Swetabh Suman – Appellant
Versus
Central Bureau of Investigation CBI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Aditya Singh
For the Respondents:Mr. Ejaz Khan, Sr. Advocate, Mr. Satish Garg, Mr. Surinder Kumar

Table of Content
1. initial history of litigation regarding sanction. (Para 2 , 3 , 4)
2. arguments on the validity of sanction. (Para 10 , 14 , 16)
3. finality and dismissal of the petition. (Para 30 , 31)

Hon’ble Ravindra Maithani, J.

This criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) has been filed seeking the following reliefs:-

(i) To set aside the impugned order dated 01.08.2017 passed by Ms. Shadab Bano, Ld. Spl. Judge CBI at Dehradoon due to ‘absence of sanction’ in this case, in the interest of Justice.

(ii) To drop the proceedings of the trial in the above case due to ‘absence of sanction’, in the interest of Justice.

(iii) To stay the further proceedings of the CBI Case No.12/2010, during the pendency of the present Criminal Miscellaneous Application.”

(iv) Pass any other order which this Hon’ble Court may deem fit and proper in the interest of Justice, in favour of the petitioner.”

2. Before appreciating the arguments, it would be apt to recapitulate the history of this litigation. This case has come up before this Court, on the question of sanction for the third time.

3. A charge-sheet was file

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