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The FIR was sought to be quashed by Delhi High Court, which was filed against Asthana, former CBI Special Director and Devender Kumar, CBI DySP, being alleged to have taken a bribe of Rs. 3 crores from Sathish Babu Sana, businessman to sabotage a money laundering investigation againstMoin Qureshi, meat exporter, since Section 17A of the Prevention of Corruption Act, required a prior sanction from the Government, which was taken before the FIR in the present case. Which was objected by Justice Najmi Waziri that such prior sanction from the Government is not required when the act of the public servant is ex-facie criminal or constitute an offence.
On Jan 11, the Court dismissed the petition to quash the FIR, and directed the CBI to complete the investigation within 10 weeks.
Since CBI could not complete investigation within the given time, CBI filed an application seeking extension of time. Which was opposed by counsel of Asthana, that the application is not maintainable since, the extension application is in the same effect of seeking review of Jun 11 judgment, here, review of order passed in criminal jurisdiction is barred u/s 362 of CrPC.
CBI on the hand quoting Shivdev Singh &Ors. V. State of Punjab &Ors, AIR 1963 SC 1909 where the SC held that Article 226 of the Constitution has power of review of towards every Court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors, hereby, the CBI seek to give effect to the judgement for proper investigation to be carried out which requires extension of time.
Which was also accepted by Justice Mukta Gupta, the single judge who heard the matter, accepted that application by CBI is maintainable, since the application is only to give effect to the Jan 11 judgment and not to review or recall the earlier order, and granted 4 months to complete investigation.
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