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2020 Supreme(SC) 12

SANJAY KISHAN KAUL, K.M.JOSEPH
M. E. Shivalingamurthy – Appellant
Versus
Central Bureau of Investigation, Bengaluru – Respondent


Advocates Appeared:
For the Appellant(s) :S. Udaya Kumar Sagar, Bina Madhavan, L.Chidanandaya, Akanksha Mehra, Vasudha Singh, For M/S. Lawyer S. Knit & Co, Advocates
For the Respondent(s):Om Prakash Shukla, Mukesh Kumar Maroria, Parmatma Singh, Advocates

JUDGMENT :

K.M. JOSEPH, J.

1. The appeal is directed against the Order of the High Court setting aside the Order passed by the Magistrate allowing the application filed by the appellant to discharge him.

2. The charge-sheet came to be filed on the basis of a FIR dated 01.10.2011. The appellant was Director of Mines and Geology in the State of Karnataka at the relevant time. There was a partnership firm by the name M/s Associated Mineral Company (‘AMC’, for short). The offences are alleged to revolve around the affairs of the said firm. First accused is the husband of the second accused. They became partners of the firm (AMC) in 2009. Appellant was arrayed as the third accused. There was reference in the charge-sheet to a conspiracy between the first accused and the second accused. It is alleged, inter alia, that they obtained an undated letter from one Shri K.M. Vishwanath, the Ex-Partner, which is after his retirement with effect from 01.08.2009 from the firm, which was addressed to the appellant, seeking directions to the Deputy Director of Mines and Geology, Hospet in Karnataka to issue the Mineral Dispatch Permit (‘MDP’ for short) to the new partners, viz., the first accused and t


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