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BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
SANDEEP K. SHINDE, J
Mukesh P. Meena – Appellant
Versus
CBI ACB Mumbai – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Asutosh Shukla, Mr. Pradosh Tiwari
For the Respondents: Mr. K.S.Patil

Judgment :

Rule.

2 Rule made returnable forthwith. With consent of the learned counsel for the parties, matter is taken up for final hearing forthwith.

3 This application under Section 482 of the Code of Criminal Procedure, 1973 (“ Cr.P.C .” for short) challenges the order dated 30th March, 2021, by which the Special Judge, CBI, Greater Bombay, declined to direct investigator to produce the documents sought by the applicant (accused) in CBI Special Case No.45 of 2019.

4 Back-ground facts giving rise to this application are as under:

The Central Bureau of Investigation registered a regular case BA1/2018/A0012 on a written complaint 25th April, 2018 against the applicant, Deputy Commissioner of Customs and others under Section 120-B of the Indian Penal Code, 1860 and Section 7 ,13(2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 . After completion of investigation, charge-sheet was filed on 28th November, 2019 against the applicant and seven others. Whereafter, applicant-accused approached the trial Court with the prayer that entire material available with the investigator, which was not made part of the charge-sheet, be summoned under Section 91 of the Cr.P.C .

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