Back
BOMBAY HIGH COURT
N. J. JAMADAR, J
Pradeep Kumar Lenka – Appellant
Versus
Union of India (Through Central Bureau of Investigation Anti-Corruption Bureau, Mumbai) – Respondent
| Table of Content |
|---|
| 1. charges stemming from conspiracy of financial fraud established. (Para 2 , 3) |
| 2. sufficient prima facie evidence justifies rejection of discharge. (Para 5) |
| 3. scope of inquiry under section 227 focused on prima facie case. (Para 10 , 12) |
| 4. judicial standards for framing charges clarified. (Para 11 , 16) |
JUDGMENT:-
1. With the consent of the learned Counsels for the parties, heard fnally at the admission stage.
2. This application is directed against the order dated 25th June, 2018, passed by the learned Special Judge, CBI Special Court, Greater Bombay, on an application (Exhibit-21) for discharge under Section 227 of the Code of Criminal Procedure, 1973 , (‘the Code’, for short), preferred by the applicant – accused no.1, whereby the said application came to be rejected.
3. Shorn of superfuities the background facts necessary for determination of this revision can be summarised as under:
(a) Applicant – accused no.1 is arraigned along with accused nos.2 to 5 for the offences punishable under Sections 12 0-B , 409, 420, 468, 470 of the Indian Penal Code (“IPC”) and Sections 7 , 12, and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (“the Act”, for shor
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
