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.13(1)(e) and s.13(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Lokpal and Lokayuktas Act, 2013 (1 of 2014) Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issues for consideration:(i) Whether the High Court in exercise of its powers u/s. 482 of CrPCcould have discharged the respondent-accused from the charges levelledagainst him for the off ences u/s. 13(1)(e) punishable u/s. 13(2) of the said Act,despite the fact that the accused had not pressed for his second applicationfor discharge by submitting the Memo dated 02.12.2014 and despite thefact that after framing of the charge by the Special Court on 23.12.2014, thetrial had proceeded further and the prosecution had examined 17 witnessesin support of its case?(ii) Whether the High Court in the criminal petition fi led u/s. 482of the CrPC could reverse the fi ndings recorded by the Special Court withregard to the validity of sanction, ignoring the bar contained in sub-section(3) read with sub-section (4) of s.19 of the said Act? |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 669 |
Petitioner | State Of Karnataka Lokayukta Police |
Respondent | S. Subbegowda |
SCR | [2023] 11 S.C.R. 19 |
Judgement Date | 2023-12-03 |
Case Number | 1598 |
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