Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988 - ss. 3(1), 4, 13(J)(d) rlw 13(2) - Jurisdiction of Special Judge appointed u/s. 3(1) to deal with all cases relating to NRHM (National Rural Health Mission) scam under the PC Act - If can continue proceedings against the appellant, not a public servant, named as co-accused with the sole public servant who died before framing of charges, in absence of any independent charge under the PC Act and for offences, though related to the scam but, not under the PC Act - Held: As rightly observed by High Court, charges were yet to be framed and from the material placed on record, framing of charges under the PC Act was not ruled out - Hence, appellants contention that the sole public servant having died before framing of charges, the appellant could not be tried by the Special Judge, pre-mature at this stage - Further, the Special Court was constituted not only to deal with the cases of PC ACt but also other cases relating to the NRHM Scam - No prejudice caused to trial before the Special Judge duly appointed to deal with non-PC cases when the object of doing so was to try connected cases before same Court - Non-PC Act cases could also be allowed to be tried by the Special Judge u/s.26, Cr,P.C - Code of Criminal Procedure, 1973 - ss.26137814071482 - Penal Code, 1860 - ss.120(B)/409/420 - Criminal Trial. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2016 INSC 585 |
Petitioner | M/s. Hcl Lnfosystem Ltd. |
Respondent | Central Bureau Of Investigation |
SCR | [2016] 8 S.C.R. 755 |
Judgement Date | 2016-08-09 |
Case Number | 751 |
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