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1979 Supreme(SC) 520

A.P.SEN, D.A.DESAI, P.N.SHINGHAL, S.MURTAZA FAZAL ALI
V. C. Shukla – Appellant
Versus
State Through C. B. I – Respondent


Advocates:
BIPIN BEHARI LAL, GIRISH CHANDRA, NILAM GROVER, O.P.Sharma, P.R.MRIDUL, R.N.SACH, SOLI J.SORABJI

JUDGMENT

S. M. FAZAL ALI. J. (for himself and on behalf of A. P. Sen, J.) :- This appeal is directed against an order dated 17th September 1979 passed by Justice Joshi, Special Judge appointed under the Special Courts Act, 1979 (No. 22 of 1979) (hereinafter to be referred as the Act) by which the learned Judge directed a charge to be framed against the appellant under S. 120-B of the Indian Penal Code read with S. 5 (1) (d) and S. 5 (2) of the Prevention of Corruption Act, 1947 and also under S. 5 (2) read with S. 5 (1) (d) of the said Act. This appeal has been filed by the appellant under Section 11 (1) of the Act. The appeal was placed for preliminary hearing before a Division Bench of this Court where Mr. Soli Sorabjee, the Solicitor General of India, put in appearance on behalf of the respondent and raised a preliminary objection to the maintainability of the appeal . The preliminary objection raised by the Solicitor General was mainly on the ground that the order impugned being a purely interlocutory order within the meaning of Section 11 (1) of the Act, no appeal lay to this Court. The Division Bench in view of the nature of the substantial question of law involved referred t













































































































































































































































































































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