S K BAHADUR Vs. CBI

JUDGEMENT

(1.) In the above captioned first petition, challenge is to impugned order of 8th September, 2011 (Annexure P-2) declining alteration of charge in a disproportionate assets case against petitioner- S. K. Bahadur, whereas in the above captioned second petition, his wife is seeking release of her seized cash, jewellery, etc. i.e. items in Group II and III as detailed in paragraph No.9 of Judgment dated 31st January, 2011 (Annexure P-1) rendered by a Division Bench of this Court in petitioner-S.K.Bahadur's Income Tax matter.

(2.) At the hearing, petitioner- S. K. Bahadur had appeared in person on behalf of himself and his wife in the above captioned petitions and while tendering written submissions had requested this Court to decide these petitions on the basis of written submissions. On behalf of respondent also written submissions were tendered and in the brief oral submissions, it was urged by learned Special Public Prosecutor for respondent-CBI that impugned order does not suffer from any infirmity and so, these petitions ought to be dismissed.

(3.) Upon perusal of the written submissions placed on record and the decisions relied upon, I find that the impugned order briefly takes note of the factual background of this case which need not be reproduced herein. While noticing the decisions relied upon by both the sides and the submissions advanced as reiterated in the written arguments submitted herein, trial court has aptly dwelt upon it in impugned order in these words: -