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2017 (7) TMI 178 - HC - Indian LawsSpecial Judge cognizance of the offence when there is no evidence found by the investigating agency/CBI - Held that:- As per the prosecuting agency/CBI no case is made out against the petitioners. There is no occasion for the trial Court to look into additional evidences to give direction under Section 173(8) Cr.P.C. since there is no additional evidence filed on record and the prosecuting agency/CBI takes stand on their investigation and the closure report qua against the petitioners therefore, the cognizance taken against the present petitioners is bad. Even if the prosecution case taken to be gospel truth still do not constitute prima facie case qua the present petitioners in absence of any evidence against the petitioners in the charge-sheet filed by the respondent CBI. The cognizance taken qua the present petitioners without taking recourse under Section 173(8) Cr.P.C. for further investigation is hereby set aside.
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