Advocates:
GOPAL SINGHARVIND KUMAR SHARMA

Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELATE JURISDICTION

CRIMINAL

APPEAL

No.

1804

of

2012

(Arising out of SLP (Crl.) No.3841 of 2012)

C.K. Jaffer Sharief

… Appellant

Versus

STATE (Through CBI)

…Respondent

J

U

D

G

M

E

N T

RANJAN

GOGOI,

J

Leave granted.

2.

The judgment and order of High Court of Delhi dated

11.4.2012 affirming the order of the learned trial

court rejecting the application filed by the appellant

for discharge in the criminal prosecution initiated

against him has been challenged in the present appeal.

1

Page 2

JUDGMENT

3.

The above order of the High Court challenged in the

present proceeding came to be passed in the following

facts :

An

FIR

dated

03.06.1998

was

filed

by

the

Superintendent of Police, CBI/ACU.XX/New Delhi alleging

commission of the offence under Section 13(2) read with

13(1)(d) of the Prevention of Corruption Act, 1988

(hereinafter referred to as ‘the Act’) by the appellant

during his tenure as the Union Railway Minister from

21.06.1991 to 13.10.1995. Commission of the offence

under the afor