Category: Corruption

(CrPC) – Section 306(4)(a) – Prevention of Corruption Act, 1988 – Section 5(2) – In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate’s Court according to Section 306(4)(a).

SUPREME COURT OF INDIA DIVISION BENCH A. SRINIVASULU — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ.…

Double jeopardy – Hearing to accused – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed – court is not obliged to hear the accused while considering an application for further investigation under Section 173(8) of the CrPC.

SUPREME COURT OF INDIA Before: Surya Kant & J.B. Pardiwala, JJ. SLP (Crl.) Nos. 7628-7630 of 2017 Decided on: 28.04.2023 State Through Central Bureau of Investigation – Appellant Versus Hemendhra…

Prevention of Corruption Act – IPC – The directions issued in the said original petition for de novo investigation are set aside. The Investigation Officer shall proceed with further investigation in all cases by including the offences under the PC Act – writ petitions challenging the initiation of proceedings by ED shall stand dismissed.

SUPREME COURT OF INDIA DIVISION BENCH Y. BALAJI — Appellant Vs. KARTHIK DESARI & ANR. ETC. — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. ) Criminal Appeal…

Prevention of Corruption Act, 1988 – Sections 7, 13(2) read with Section 13(1)(d) – Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by clauses (i) and (ii) of Section 13(1)(d) cannot be proved – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH SOUNDARAJAN — Appellant Vs. STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL — Respondent ( Before : Abhay S. Oka and Rajesh…

HELD No accused can be permitted to play with the investigation and/or the courts process. No accused can be permitted to frustrate the judicial process by his conduct – by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process.

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. VIKAS MISHRA @ VIKASH MISHRA — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Odisha Lokayukta Act, 2014 – Section 20(1) – Provisions relating to complaints and preliminary inquiry and investigation – there was no element of bias in conducting a preliminary inquiry in the instant case and the objection raised by the respondents stands overruled – Appeal Allowed.

SUPREME COURT OF INDIA DIVISION BENCH OFFICE OF THE ODISHA LOKAYUKTA — Appellant Vs. DR. PRADEEP KUMAR PANIGRAHI AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M.…

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