SHIV DUTT BAKSHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present petition for quashing under Sec. 482 Cr.P.C. is preferred against an Order dtd. 2/3/2020, passed by the learned Spl. Judge (PC) Act, CBI-12,RADCC, New Delhi arising out of RC No.11(A)/2017/SCUV/SC-II/CBI/New Delhi, whereby the Ld. Special Judge rejected the closure report No.11/2019 in present case, wherein admittedly, the original device through which the alleged sting operation was conducted was destroyed and could not be procured during the investigation. It is alleged the Hard disk containing the video footage, allegedly transferred from the original device, was also opined to be a 'bad media' and thus not admissible as evidence in terms of law laid down in Anvar P.V vs P. K Basheer and Others (2014) 10 SCC 473 and Sanjaysinh Ramrao Chavan vs. Dattatray Gulabrao Phalke and Other (2015) 3 SCC 123. It is argued the summoning order is liable to be quashed.

(2.) The facts are as under:

(3.) Despite the closure report the petitioner was summoned per reasoning as below in the impugned order: