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ANU MALHOTRA
CBI – Appellant
Versus
Sachin Garg – Respondent
JUDGMENT
anu Malhotra, J. - CRL.M.a.4597/2022 (Ex.)
1. Exemption allowed subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 1069/2022
2. The petitioner, vide the present petition seeks the setting aside of the orders dated 13.01.2022 and 07.03.2022 of the Court of the learned Special Judge, PC act (CBI-03), Rouse avenue, District Court, New Delhi in Misc. DJ aSJ : 90/2021. The impugned orders dated 13.01.2022 and 07.03.2022 indicate that the respondent to the petition Mr.Sachin Garg has not been a party to the proceedings which have been impugned and it is submitted on behalf of the CBI that he is an accused in relation to RC No.219/2021 E0007 registered on 22.09.2021.
3. It is informed on behalf of the CBI in reply to a specific Court query that the investigation is still in progress and that the said Mr.Sachin Garg has so far not been arrested.
4. The petitioner is aggrieved by the order dated 13.01.2022 of the learned Special Judge, PC act (CBI-03), Rouse avenue, District Court, New Delhi which on a perusal thereof is indicated to be on an application under Section 17 of the Prevention of Corruption act, 1988 (hereinafter referred to as the PC act, 1988) filed
The mandatory nature of the provisions under Section 17 of the PC act and the importance of fulfilling statutory expectations with due care and caution.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
The main legal point established in the judgment is that the decision to discharge the accused was erroneous, and the court directed the Special Court to proceed with the matter in accordance with th....
The main legal point established is that an investigation carried out by an officer not authorized under Section 17 of the PC Act is illegal and can lead to a serious miscarriage of justice.
(1) Offence under Prevention of Corruption Act is a substantive offence.(2) Merely because offence of conspiracy may be involved, investigation into substantive offence which is cognizable is not req....
Section 17A PC Act inapplicable to disproportionate assets cases; previous approval only for offences linked to official recommendations/decisions. Competent authority cannot investigate merits or de....
The consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigati....
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