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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.

(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.

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

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.

4. Initially when the charge-sheet was filed and cognizance was taken, a criminal misc. application no. 1166 of 2010 was filed by the petitioner, raising various issues relating to cognizance as well as sanction to prosecute. This Court vide order dated 04.04.2011 decided the petition. Insofar as the issue of valid sanction is concerned, the court observed and held as hereunder:-

5. With regard to cognizance order, the Court in its order dated 04.04.2011,

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