Supreme Court - Daily Orders
State Thr.Cbi,Hyderabad vs A.K.Tanneja on 13 February, 2015
Bench: V. Gopala Gowda, R. Banumathi
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 461 OF 2010
STATE THR.CBI,HYDERABAD ... APPELLANT(S)
VERSUS
A.K.TANEJA ...RESPONDENT(S)
O R D E R
This appeal is filed by the State challenging the impugned order dated 12.09.2008 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Revision Case No. 1541 of 2007 whereby the High Court has quashed the prosecution initiated against Accused No.1-respondent herein.
Heard learned counsel appearing for the appellant-C.B.I. and the respondent.
Learned counsel for the appellant submits that the impugned order is not sustainable in law and the High Court ought not to have quashed the prosecution. On the other hand, learned counsel for the respondent submits that since the High Court has elaborately Signature Not Verified dealt with the merits of the case and given a finding Digitally signed by Sushil Kumar Rakheja Date: 2015.02.17 18:14:30 IST Reason: in favour of the respondent, in the interest of justice, this Court should not interfere with the said 2 finding and uphold the same.
Having regard to the facts and circumstances of the case, the material available on record and the rival legal submissions, we are in respectful agreement with the view taken by the High Court in quashing the prosecution by recording valid and cogent reasons. Since the conclusion arrived at by the High Court is in conformity with the principles of law, we do not find any good reason to interfere with the impugned judgment and order passed by the High Court and we are satisfied that it is not a fit case for our interference.
In view of the above, the appeal is dismissed. However, the question of law raised and canvassed in this appeal is kept open.
...........................J. (V. GOPALA GOWDA) ..........................J. (R. BANUMATHI) NEW DELHI, FEBRUARY 13, 2015 3 ITEM NO.58 COURT NO.12 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 461/2010 STATE THR.CBI,HYDERABAD Appellant(s) VERSUS A.K.TANEJA Respondent(s) (with appln.(s) for stay and office report) Date : 13/02/2015 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. P.K. Dey, Adv.
Mr. T.A. Khan, Adv.
Mr. B. Krishna Prasad,Adv.
For Respondent(s) Mr. Balaji Srinivasan,Adv.
Ms. Vaishali Dixit, Adv.
Ms. Srishti Govil, Adv.
Ms. Vaishnavi Subrahmanyam, Adv. Mr. Mayank Kshirsagar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)