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2023 Supreme(SC) 442

SURYA KANT, J. B. PARDIWALA
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION – Appellant
Versus
HEMENDHRA REDDY – Respondent


JUDGMENT :

J. B. PARDIWALA, J.:

1. Leave granted.

2. Since the issues raised in all the captioned appeals are the same those were taken up for hearing analogously and are being disposed of by this common judgment and order.

3. The principal question of law that falls for the consideration of this Court in the present litigation is whether the High Court was justified in quashing the entire prosecution instituted by the CBI against the accused persons for the alleged offences on the ground that the CBI could not have undertaken further investigation under sub section (8) of Section 173 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) and filed a chargesheet having once already submitted a final report under sub section (2) of the Section 173 of the CrPC (closure report)? In other words, whether the High Court was right in taking the view that the Special Court could not have taken cognizance upon the chargesheet filed by the CBI based on further investigation having once already filed a closure report in the past and the same having been accepted by the court concerned at the relevant point of time?

FACTUAL MATRIX

4. The respondent No. 3 herein D. Dwarakanadha Reddy (Accuse


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