SUDHIR KUMAR JAIN
Yogendra Mittal – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. properly framed charges depend on clear, admissible evidence related to the crime. (Para 2) |
| 2. legal arguments highlight the necessity of substantial evidence for proving corruption. (Para 5 , 7 , 8 , 10) |
| 3. the conclusion is based on insufficient evidence for charges of bribery and corruption. (Para 16) |
JUDGMENT
Sudhir Kumar Jain, J. - The present petition is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code") on behalf of the petitioner for Setting aside the order dated 12.09.2019 (hereinafter referred to as "impugned order") passed by the court of Special judge CBI (PC Act)-02, Rouse avenue Courts, Delhi (hereinafter referred as "the trial court") passed in CBI V Ulhas Prabhakar Khaire and another bearing Court Case no 312/19 arising out of RC bearing no RC-ACl 2013 A000l registered under section 120-B IPC read with sections 7 & 13 (2) and section 13 (1) (d) of Prevention of corruption Act, 1988 (herein after referred to as "PC Act") whereby the trial court passed an order on charge and also framed charges against the petitioner.
2. The facts of the case are that a written complaint dated 27.11.2012 was made by Ra
Noor Aga V State of Punjab and another
P.S. Rajya V State of Bihar 1996 SCC (CRI.) 897
State of Orissa V Debendra Nath Padhi
Superintendent & Remembrancer of Legal Affairs, West Bengal V Anil Kumar Bhunja & Others
Arjun Panditrao Khotkar V Kailash Kushanrao Gorantyal & Ors.
K.I. Pavunny V Asst. Collector
V.C. Shukla V State through C.B.I.
Union of India V Prafulla Kumar Samal & another
Dipakbhai Jagdish Chandra Patel V State of Gujarat
Asim Shariff V National Investigation Agency
State of Karnataka V M.R. Hiremath
Anter Singh V State of Rajasthan
Arjun Panditrao Khotkar V Kailash Kushanrao Gorantyal & others
Suresh Budharmal Kalani V State of Maharashtra
Union of India V Ex.-GNR Ajeet Singh
P. Satyanarayana Murthy v. State of A.P.
M. Narsinga Rao v. State of A.P.
Hazari Lal v. State (Delhi Admn.)
Madhukar Bhaskarrao Joshi v. State of Maharashtra
P. Satyanarayana Murthy v. District Inspector of Police
Suresh Budharmal Kalani @ Pappu Kalani V State of Maharashtra
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