High Court of DelhiW.P.(CRL)/1660/2010

Sanjiv Kumar &ORS. v. CBI

2017-05-12Hon'Ble Mr. Justice R.K.Gauba2 pages

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-14, 16 & 17 (common order) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 194/2010 DR.MAHESHWAR KUMAR Petitioner Through:

Mr. Aditya Singh, Adv. with Mr. Sumeet Tahilramani, Advocate + versus CBI Respondent Through:

Mr. Narender Mann, Special Public Prosecutor with Mr. Manoj Pant, Adv.

W.P.(CRL) 893/2010 and Crl.M.A.2959/2014 ABHA KUMAR Petitioner Through:

Mr. Aditya Singh, Adv. with + Mr. Sumeet Tahilramani, Advocate versus Respondent Mr. Narender Mann, Special Public Prosecutor with Mr. Manoj Pant, Adv.

CBI Through:

W.P.(CRL) 1297/2010 SANJIV KUMAR Through:

+ Petitioner Mr. Aditya Singh, Adv. with Mr. Sumeet Tahilramani, Advocate / versus Respondent Mr. Narender Mann, Special Public Prosecutor with Mr. Manoj Pant, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

ORDER

% 12.05.2017 CBI Through:

These three criminal writ petitions invoke Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to bring challenge to the order dated 06.01.2010 W.P.(CRL) 194/2010 etc.

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of the court of Special Judge (Prevention of Corruption Act) on the file of criminal case no.84/2008 on the basis of report under Section 173 Cr.P.C. submitted by the Central Bureau of Investigation (CBI) upon conclusion of the investigation into RC 3(A)/2005/CBI-ACU-IX, New Delhi wherein the petitioners stood arraigned as accused persons. By the impugned order, the learned Special Judge dismissed the application of the accused seeking further investigation under Section 173(8) Cr.P.C. also invoking Section 207 Cr.P.C.

It is noted that the petitioners have not shown any interest in these proceedings since 2014.

It is fairly conceded on behalf of the petitioners that the criminal case in question has now reached the stage of final arguments in the court of Special Judge, after all the requisite stages prescribed in a criminal trial having been duly completed.

Having regard to the above facts, these proceedings cannot survive and are accordingly closed.

All the petitions along with accompany applications stand disposed of accordingly.

R.K.GAU MAY 12,2017 vk W.P. (CRL) 194/2010 etc.