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Vipin Sahni & Anr. vs. Central Bureau of Investigation (SC)

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Code of Criminal Procedure, 1973–Secs. 397/401 & 482–Limitation Act, 1963–Art. 131–Order of discharge–Limitation for filing the revision u/s. 397 is 90 days, however, there is no limitation prescribed for invocation of the inherent powers u/s. 482–When the CBI Court dismissed the first discharge application of appellants, they filed the revision u/s. 397 and the matter was remanded back to Trial Court–However, in the order of allowing instant discharge application, CBI did not choose to adopt this course and filed the criminal misc. petition after lapse of a long time–This was obviously to get over the hurdle of the limitation for filing of a revision u/s. 397.