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
Hasanbhai Valibhai Qureshi v. State of Gujarat and Others (2004) 5 SCC 347 [Para 50] – Relied
Ramchandran v. R. Udhayakumar and Others
K. Chandrasekhar v. State of Kerala and Others (1998) 5 SCC 223 [Para 51] – Relied
Hemant Dhasmana v. Central Bureau of Investigation and Another (2001) 7 SCC 536 [Para 54] – Relied
Union Public Service Commission v. S. Papaiah and Others (1997) 7 SCC 614 [Para 55] – Relied
Ram Lal Narang v. State (Delhi Administration) (1979) 2 SCC 322 [Para 57] – Relied
State of Andhra Pradesh v. A.S. Peter (2008) 2 SCC 383 [Para 58] – Relied
Nirmal Singh Kahlon v. State of Punjab and Others (2009) 1 SCC 441 [Para 59] – Relied
State of Rajasthan v. Aruna Devi and Others (1995) 1 SCC 1 [Para 62] – Relied.
Pramatha Nath Taluqdar v. Saroj Ranjan Sarkar
N.P. Jharia v. State of M.P. (2007) 7 SCC 358 [Para 74] – Relied
Kari Choudhary v. Mst. Sita Devi and Others (2002) 1 SCC 714 [Para 75] – Relied
Chandra Babu alias Moses V. State through the Inspector of Police and others
Official Liquidator v. Dayanand and Others (2008) 10 SCC 1 [Para 82] – Relied
Lala Shri Bhagwan v. Ram Chand
Mahadeolal Kanodia v. Administrator General of W.B.
Lala Shri Bhagwan v. Ram Chand
Vijay Laxmi Sadho (Dr.) v. Jagdish
Commissioner of Police, Delhi and Another v. Registrar, Delhi High Court, New Delhi
Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135 [Para 87] – Relied
Vinay Tyagi v. Irshad Ali alias Deepak and Others (2013) 5 SCC 762 [Para 17] – Relied
Vinubhai Haribhai Malaviya v. State of Gujarat (2019) 17 SCC 1 [Para 33] – Relied
Divakar Singh v. A. Ramamurthi Naidu AIR 1919 Mad 751 [Para 42] – Referred
H.N. Rishbud v. State of Delhi AIR 1955 SC 196 [Para 43] – Relied
State v. Mehar Singh and Ors. 1974 CrLJ 970 [Para 44] – Relied
Rama Chaudhary Vs. State of Bihar (2009) 6 SCC 346 [Para 48] – Relied
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.