Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 109, 409, 420, 467, 471, 477A and 120B – Prevention of Corruption Act, 1988 – s.13(1)(c) and s. 13(1)(d) – Charges under – While giving effect to an award in favour of RPCL, JSEB faced shortage of funds – JSEB decided to make internal enquiry into handling the work contract given to RPCL – On basis of the said enquiry, allegations of malpractice and financial irregularity were levelled against the appellant and some others – FIR was registered – Charge sheet was filed – Appellant moved a discharge petition u/s.239 of Cr.PC, which was dismissed by the Special Judge – Revision was also dismissed by the High Court – On appeal, held: The decisions in the board meetings were taken with mutual consent of the parties – Appellant was neither involved nor was a part in the proposal or the decision making process – Appellant had merely prepared the agenda for appointment of an arbitrator and had nothing to do with approval of award and payment of money – Prima-facie there is nothing which affixes culpability or constitutes commission of offence including mens-rea on the part of the appellant – Appellant was neither entrusted with funds of JSEB nor he had fraudulently or dishonestly deceived senior officials of the JSEB to cause any benefit to RPCL or any wrongful loss to JSEB and no evidence of illegal gratification or disproportionate assets were found against the appellant – Consequently, appellant is discharged in the criminal proceedings. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 860 |
Petitioner | Pushpendra Kumar Sinha |
Respondent | State Of Jharkhand |
SCR | [2022] 11 S.C.R. 25 |
Judgement Date | 2022-08-24 |
Case Number | 1333 |
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