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2017 Supreme(Online)(SC) 1567

SUPREME COURT
Ashok Bhushan, R. Subhash Reddy, JJ
State through CBI – Appellant
Versus
Dr. Anup Kumar Srivastava – Respondent


Advocates:
For the Appellants/Petitioners: Mr. P. K. Dey
For the Respondents: Mr. Joy Basu

Table of Content
1. overview of charges and context for appeal. (Para 2 , 3)
2. arguments regarding the sufficiency of evidence. (Para 6 , 7)
3. legal standards for framing charges. (Para 18 , 23)
4. conclusion on the appeal and order of dismissal. (Para 25 , 26)

1. Leave granted.

2. This appeal is directed against the judgment and order dated 21/11/2013 passed by learned Single Judge of the High Court of Delhi at New Delhi in Crl. M.C. No. 4360 of 2012 whereby the High Court allowed the petition filed by the respondent herein against the order dated 08/11/2012 passed by the Special Judge (CBI - 01), New Delhi in C.C. No. 02/2012 wherein charges have been framed against the respondent herein.

3. Brief facts:
(a) At the relevant time, Dr. Anup Kumar Srivastava - respondent herein was posted as the Commissioner, Central Excise, Delhi - 1 Commissionerate. On 02/01/2012, on the basis of source information, a case under S.120 - B of the Indian Penal Code, 1860 (in short 'the IPC ') read with S.7, S.8, S.10, S.12 and S.13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the PC Act') was registered by the CBI, AC - 1, New Delhi being RCAC 2012 A0001 against the responden











































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