Supreme Court - Daily Orders
C.B.I vs Vijay Kumar Mehra & Ors. Etc.Etc. on 8 July, 2015
Bench: T.S. Thakur, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.(S). 879-881 OF 2015
(Arising out of S.L.P.(Crl.) No.2512-2514 of 2011)
CENTRAL BUREAU OF INVESTIGATION Appellant(s)
VERSUS
VIJAY KUMAR MEHRA & ORS. ETC.ETC. Respondent(s)
O R D E R
Leave granted.
These appeals arise out of an order dated 23rd August, 2010 passed by the High Court of Punjab and Haryana at Chandigarh whereby Crl.Misc. No.M-27151 of 2009, M-31121 of 2009 and M-27064 of 2009 filed by the respondents have been allowed and criminal prosecution pending against them for offences punishable under Sections 120-B, 420, 468, 471 of the I.P.C. and Sections 13(1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 quashed.
Learned counsel for the parties point out that the impugned order passed by the High Court primarily proceeds on the basis of an earlier order passed by the said court whereby Criminal Misc.No.M-2117 of 2009 had been allowed and the prosecution against the petitioner in the said case for Signature Not Verified similar offences quashed.
Digitally signed by
The High Court had in that case Mahabir Singh Date: 2015.07.10 17:30:49 IST Reason:
held that since the accused persons had entered into a settlement with the bank concerned the on-going criminal 2 proceedings deserved to be quashed. It is further submitted by learned counsel for the parties that the said earlier order passed by the High Court in Crl.Misc.No.M-2117 of 2009 when challenged by the C.B.I. before this Court in Criminal Appeal NO.1710 of 2011 was set aside and the matter remitted back to the High Court. In that view of the matter, therefore, we see no reason why a similar order setting aside the impugned order passed by the High Court should not be passed in the present proceedings also.
We accordingly allow these appeals, set aside the impugned order and remit the matter back to the High Court with the request to consider the matter afresh and pass appropriate orders in accordance with law as expeditiously as possible.
......................J. (T.S. THAKUR) ......................J. (R. BANUMATHI) NEW DELHI DATED 8th JULY, 2015.
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ITEM NO.3 COURT NO.2 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for
Special Leave to Appeal (Crl.) No(s). 2512-2514/2011
(Arising out of impugned final judgment and order dated 23/08/2010 in CRLM No. 27064/2009,23/08/2010 in CRLM No. 27151/2009, 23/08/2010 in CRLM No. 31121/2009 passed by the High Court Of Punjab & Haryana At Chandigarh) C.B.I Petitioner(s) VERSUS VIJAY KUMAR MEHRA & ORS. ETC.ETC. Respondent(s) (with office report) Date: 08/07/2015 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. P.S. Patwalia,ASG Mr. P.K. Dey,Adv.
Mr. T.A. Khan,Adv.
Mr. Nitesh Vimak,Adv.
Mr. B.V. Balaram Das,Adv. Mr. Arvind Kumar Sharma,Adv.
For Respondent(s) Mr. Pradeep Gupta,Adv.
Mr. Parinav Gupta,Adv.
Ms. Mansi Gupta,Adv.
Mr. Ranjeet Singh,Adv.
Dr. (Mrs.) Vipin Gupta,Adv.
Mr. R.K. Dhawan,Adv.
Ms. Richa Dhawan,Adv.
Ms. Anwesha Singh,Adv.
Mr. Hitesh Kumar Sharma,Adv. Mr. M. A. Chinnasamy,Adv.
Mr. Arvind Minocha,Adv.4
UPON hearing the counsel the Court made the following O R D E R Leave granted.
In terms of the signed order, these appeals are allowed:
“We accordingly allow these appeals, set aside the impugned order and remit the matter back to the High Court with the request to consider the matter afresh and pass appropriate orders in accordance with law as expeditiously as possible.” (MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER (Signed order is placed on the file)