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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1249 of 2007

PETITIONER:

Dinesh Dalmia

RESPONDENT:

C.B.I.

DATE OF JUDGMENT: 18/09/2007

BENCH:

S.B. Sinha & Harjit Singh Bedi

JUDGMENT:

J U D G M E N T

CRIMINAL APPEAL NO. 1249 OF 2007

[Arising out of SLP (Crl.) No. 513 of 2007]

S.B. SINHA, J :

1. Leave granted.

2. Interpretation of Sub-section (2) of Section 167 of the Code of

Criminal Procedure, 1973 (for short "the Code") vis-‘-vis Sub-section (2) of

Section 309 thereof falls for consideration of this Court in this appeal which

arises out of an order dated 22.12.2006 passed by a learned Single Judge of

the High Court of Judicature at Madras in Crl. R.C. No. 1173 of 2006 setting

aside an order dated 25.08.2006 passed by the 5th Additional Sessions Judge,

Chennai in R.C. 4/(E)/03/BSC/FC/CBI New Delhi in Crl. R.C. No. 115 of

2006 whereby an order dated 30.05.2006 passed by the Special Court in Crl.

M.P. No. 788 of 2006 in C.C. No. 19189 of 2005 was set aside.

3. Appellant was proceeded against for commission of offences under

Sections 409, 420 and 120B of the Indian Penal Code.

4. The Central Bureau of Inve