Jagdish Bhimshi Gangar vs Economic Offences Wing

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1764

VIKRAM NATH, PRASHANT KUMAR MISHRA
Jagdish Bhimshi Gangar – Appellant
Versus
Economic Offences Wing – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Siddharth Dave, Sr. Adv. Mr. Gautam Khazanchi, Adv. Mr. Vaibhav Dubey, Adv. Ms. Anushree Koparkar, Adv. Mr. Vikalp Mudgal, AOR
For the Respondent(s): Mr. Gaurav Agrawal, Sr. Adv. Mr. Joseph Pookkatt, Adv. Mr. Nilesh Sharma, Adv. Mr. Dhawesh Pahuja, Adv. Ms. Awantika Manohar, Adv. M/S. Ap & J Chambers, AOR Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv. Ms. Chitransha Singh Sikarwar, Adv.

ORDER

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellants filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) for quashing charge-sheet filed under Sections 406, 465, 468, 471 and 467 read with 34 of the Indian Penal Code, 1860.

4. By the impugned order, the High Court has dismissed the petition without considering the merits of the case made out in the petition under Section 482 of the Cr.P.C. The High Court has simply observed that the appellants can raise all contentions while arguing discharge application.

This Court has repeatedly held that the scope of inquiry in discharge application is limited and no document which is not a part of the charge-sheet can be considered at that stage.

5. As the High Court has not considered the case of the appellants on merits, we set aside the impugned order dated 20th September, 2024 and restore application under Section 482 of the Cr.P.C. to the file of the High Court. The restored petition shall be listed before the Roster Bench on 15th October, 2025. The parties who are represented today before this Court shall be under an obligation to appear on that day and n

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