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11. Learned Senior Counsel for the petitioner has strenuously argued that in light of the documents placed on record, the circumstances attributed to the petitioner do not meet out basic ingredients of Section 120-A of I.P.C. to sustain his prosecution in the present case and the summoning order has been passed in a cryptic manner, without application of judicial mind.

12. In order to strengthen his contentions, learned senior counsel for the petitioner has placed reliance upon „P.K. Narayanan v. State of Kerala‟, (1995) 1 SCC 142; 'Madhavrao Jiwajirao Scindia and Ors. v. Sambhajirao Chandrojirao Angre and Ors.‟, AIR 1988 SC 709; 'State of Kerala v. P. Sugathan & Another', (2000) 8 SCC 203; 'Central Bureau of Investigation, Hyderabad v. K. Narayana Rao', (2012) 9 SCC 512; „Subramanian Swamy vs. A. Raja', (2012) 9 SCC 257; „Pratapbhai Hamirbhai Solanki vs. State of Gujrat & Anr.', (2013) 1 SCC 613; 'Sherimon v. State of Kerala', AIR 2012 SC 493; 'Satish Mehra v. State of N.C.T. of Delhi & Another', AIR 2013 Supreme Court 506; 'Pepsi Foods Ltd. and Anr. v. Special Judicial Magistrate and Ors.', AIR 1998 SC 128; and „Umesh Kumar v. State of Andhra Pradesh and Another', (2013) 10 SCC 591.

(emphasis supplied).

21. A similar view has been taken by the Hon'ble Supreme Court in Sherimon's case (supra) and in the case of „Subramanian Swamy vs. A. Raja', (2012) 9 SCC 257 and „Pratapbhai Hamirbhai Solanki vs. State of Gujrat & Anr.', (2013) 1 SCC 613.

22. In this backdrop of the settled proposition of law, conclusion of the investigating agency regarding the petitioner being in conspiracy with Mr. O.P. Agarwal, self-styled Chairman of M/s. EEL prior to his joining NAFED, is examined on this touch stone. Learned counsel for the petitioner has drawn attention of this Court to the Official Noting from 09.09.2003 to 11.09.2003 to impress upon that NAFED being amateur in respect of SKO, it was completely relying upon the expertise of Dr. S.N. Pandey. Further, the note dated 11.09.2003 initiated by Dr. S.N. Pandey clearly reveals that M/s. EEL was introduced to NAFED by Dr. S.N. Pandey. Relevant extracts of the „Note‟ are reproduced as under:-