Mukul Garg vs Union Of India And Anr
2023 Latest Caselaw 10730 Bom

                                                                       36-WP-1381-22.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                      WRIT PETITION NO. 1381 OF 2022
 Mukul Garg                                   ...       Petitioner
         Versus
 The Union of India and anr.                  ...       Respondents
                                    WITH
                      WRIT PETITION NO. 4384 OF 2022
 Aashish Aggarwal                             ...       Petitioner
         Versus
 The Union of India and anr.                  ...       Respondents
                                    .........
 Mr. Ashwin Thool a/w Sakshee Chavan i/b Sushant Mahadik for the
 Petitioners in WP/1381/2022.
 Mr. Kuldeep Patil for Respondent No. 1 in WP/1381/2022.
 Ms. S. S. Kaushik, APP for the State.
                                 .........
                               CORAM : NITIN W. SAMBRE &
                                       N.R. BORKAR, JJ.

DATED : 17 OCTOBER 2023

P.C. :-

IN WRIT PETITION NO. 4384 OF 2022 :

1. Learned counsel Mr. Ashwin Thool, on instructions, seeks leave

to delete the prayer clause (a), which reads thus:

 MJ Jadhav                                                                 1 / 3





                                                                        36-WP-1381-22.odt

"a. That this Hon'ble Court be pleased to exercise its power under Section 482 of the Criminal Procedure Code, 1973 quashing and setting aside the CBI Special Case No. 24 of 2019 arising out of CBI, Anti Corruption Bureau, Mumbai, FIR No. RC BA1/2018/A0011 in relation to the Petitioner for offences punishable u/s 120-B of the Indian Penal Code r/w. S. 7 and 12 of the Prevention of Corruption Act, 1988."

2. Leave as sought is granted. Amendment shall be carried out

forthwith.

3. Considering the nature of relief sought in the Writ Petition No.

4384 of 2022 it be detagged and be placed before the appropriate

bench as has been prayed by the learned counsel for the petitioner.

IN WRIT PETITION NO. 1381 OF 2022 :

1. We have heard Mr. Ashwin Thool, appearing for the petitioner.

2. According to him, the issue is squarely covered by the judgment

of Apex Court in the matter of People's Union of Civil Liberties

(PUCL) Vs. Union of India (UOI) and Ors. reported in

MANU/SC/0149/1997 so also the in the matter of Justice K. S.

Puttaswamy and Ors. Vs. Union of India (UOI) and Ors. reported in

MJ Jadhav 2 / 3

36-WP-1381-22.odt

MANU/SC/1044/2017.

3. Learned counsel for the respondent- CBI Mr. Patil submits that

he be granted some more time to prepare and address.

4. In view of above, stand over to 7 December 2023.

 ( N.R. BORKAR, J. )                  (NITIN W. SAMBRE, J.)




 MJ Jadhav                                                              3 / 3