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1991 (8) TMI 290 - SUPREME COURTWhether any action under Section 340 of the Code of Criminal Procedure is to be initiated or not? Whether the laws are so petrified as to unable to respond to the challenges made will be dealt with in detail in our main judgment? Held that:- Directions of Mr. Justice M.K. Chawla calling upon the CBI and the State to show cause as to why the proceedings initiated on the strength of the First Information Report dated 22.1.90 be not quashed, cannot be sustained. In the result, we agree with’ the first part of the Order dated 19.12.90 of Mr. Justice M.K. Chawla holding that Mr. H.S. Chowdhary and other intervening parties have no locus standi. We, however, set aside the second part of the impugned order whereby he has taken suo moto cognizance and issued show cause notice to the State and CBI and accordingly the Show cause notice issued by him is quashed. In view of the above conclusions, all the proceedings initiated in pursuance of the First Information Report dated 22.1.90 relating to Crime No. RCI(A)/90-ACU-IV on the file of the Special Judge, Delhi including the issuance of the letter rogatory/request as they stand now, remain unaffected and they can be proceeded with in accordance with law.
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