State through The Deputy Superintendent of Police, CBI, STF, New Delhi vs K. B. Brahmadathan, The then Chief General Manager BSNL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Mad) 2424

G.JAYACHANDRAN
State through The Deputy Superintendent of Police, CBI, STF, New Delhi – Appellant
Versus
K. B. Brahmadathan, The then Chief General Manager BSNL – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. G.Rajagopalan, Additional Solicitor General Asst. by K.Srinivasan, Special Public Prosecutor (C.B.I)
For the Respondent: Mr.Vikas Singh, Senior Counsel for Mr.V.KrishnaKumar, Mr.A.Ramesh, Senior Counsel for M.Sneha, Mr.Masilamani, Senior Counsel for D.Ravichander, Mr.Ranjeet Kumar, Senior Counsel for S.Rajasekar, Mr. P.S.Raman, Senior Counsel for J.Ravindaran, Mr.A.Selvendran

ORDER :

1. In these batch of Criminal Revision Petitions filed against the order of discharge by the trial court, this court is called to determine whether the order of discharge is legally sustainable.

2. The facts which are relevant to determine the point for consideration:

Based on reliable information, C.B.I after conducting preliminary enquiry found commission of cognizable offence, to wit, Mr. Dhayanithi Maran (Former Union Minister for Communication and Information Technology) and others conspired to commit breach of trust, fabricated documents, used the forged documents as genuine and falsified accounts detrimental to the exchequer. They registered First Information Report on 23.07.2013. In the course of the investigation they collected materials, which according to them sufficient to frame charge and try the named accused. Hence filed the final report for prosecuting the respondents herein.

3. The conclusion of the final report in short is that, the 3rd Accused [Dayanidhi Maran] respondent herein, while he was the Minister for Communication and Information Technology (MOC&

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2018 Supreme(Mad) 2424

G.JAYACHANDRANState through The Deputy Superintendent of Police, CBI, STF, New Delhi – AppellantVersusK. B. Brahmadathan, The then Chief General Manager BSNL – Respondent

Cases Referred (4)

G.JAYACHANDRAN
State through The Deputy Superintendent of Police, CBI, STF, New Delhi – Appellant
Versus
K. B. Brahmadathan, The then Chief General Manager BSNL – Respondent