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2017 Supreme(SC) 716

A.K.SIKRI, R.K.AGRAWAL
State through Central Bureau of Investigation – Appellant
Versus
Anup Kumar Srivastava – Respondent


Advocates Appeared:
For the Appellant:P.K. Dey, Mukesh Kumar Maroria, B.V. Balaram Das, Advocates.
For the Respondent:Sarad Kumar Singhania, Advocate.

JUDGMENT

R.K. Agrawal, J.

Leave granted.

2. This appeal is directed against the judgment and order dated 21.11.2013 passed by learned single Judge of the High Court of Delhi at New Delhi in Crl. M.C. No. 4360 of 2012 whereby the High Court allowed the petition filed by the respondent herein against the order dated 08.11.2012 passed by the Special Judge (CBI-01), New Delhi in C.C. No. 02/2012 wherein charges have been framed against the respondent herein.

3. Brief facts:

(a) At the relevant time, Dr. Anup Kumar Srivastava-respondent herein was posted as the Commissioner, Central Excise, Delhi-1 Commissionerate. On 02.01.2012, on the basis of source information, a case under Section 120-B of the Indian Penal Code, 1860 (in short `the IPC') read with Sections 7, 8, 10, 12 and 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (in short `the PC Act') was registered by the CBI, AC-1, New Delhi being RCAC 2012 A0001 against the respondent herein along with other officials of the Central Excise Department, Delhi for obtaining illegal gratification by corrupt and illegal means o







































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