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: s. 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988: s. 7 – Offence relating to public servant being bribed – On facts, filing of charge-sheet against the accused for the offence u/s. 7 – Special Judge on basis of the transcript of conversation recorded between the complainant and the accused, found that there is a prima facie case of the alleged offence u/s. 7, and framed the charges against the accused for the said offence – Revision Application there against – High Court discharged the accused of the alleged offence u/s. 7 – Sustainability of – Held: Not sustainable – While discharging the accused, the High Court exceeded in its revisional jurisdiction and acted beyond the scope of s. 227/239 Cr.P.C. – High Court considered in detail the transcript of the conversation between the complainant and the accused which exercise at that stage was not permissible at all – At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible – At this stage, even as per s. 7, even an attempt constitutes an offence – Thus, the High Court erred and/or exceeded in virtually holding a mini trial at the stage of discharge application – Order passed by the High Court quashed and set aside, and that of the Special Judge restored. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 252 |
Petitioner | State Of Rajasthan |
Respondent | Ashok Kumar Kashyap |
SCR | [2021] 4 S.C.R. 158 |
Judgement Date | 2021-04-13 |
Case Number | 407 |
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