Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure summoning the prosecution witnesses offence of conspiracy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - ss. 319, 5, 209 and 193 - Power to proceed against other persons appearing to be guilty of offence - Charge-sheet filed by CBI before Special Judge against six persons, as regards offence of conspiracy- Order of summoning of six persons- Thereafter, application by accused before Special Judge for summoning of three more persons as accused, who had been cited by CBI as witnesses - Special Judge passed an order of summoning the prosecution witnesses as also directed CBI to register case against Investigating Officer for letting off these persons - Said order quashed by the High Court - Sustainability of- Held: In terms of s. 5, the Special Judge may take cognizance of the offence without the accused being committed to him for trial- On facts, the Special Judge issued summons against the witnesses after considering in detail the material brought on record during investigation - Thus, the order passed by the High Court quashing issuance of summons by the Special Judge against the witnesses not sustainable - However, it was not necessary for the Special Judge to issue directions to CBI to register a case against the investigating officer. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 720 |
Petitioner | R. N. Agarwal |
Respondent | R. C. Bansal & Ors. |
SCR | [2014] 14 S.C.R. 1124 |
Judgement Date | 2014-10-14 |
Case Number | 2199-2201 |
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