Supreme Court - Daily Orders
Cbi, New Delhi & Anr, vs Mukesh Kumar . on 27 January, 2014
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ITEM NO.47 COURT NO.10 SECTION II
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).1596/2013
(From the judgement and order dated 20/07/2012 in CRLM No.63/2006, of The
HIGH COURT OF UTTARAKHAND AT NAINITAL)
CBI, NEW DELHI & ANR, Petitioner(s)
VERSUS
MUKESH KUMAR & ORS. Respondent(s)
(With appln. for c/delay in filing counter affidavit,stay,exemption from
filing O.T. and office report)
Date: 27/01/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. GOKHALE
HON’BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Sidharth Luthra, ASG
Mr. B.V. Balaram Das,Adv.
Mr.Rajeev Nanda, Adv.
Ms. Charul Sarin, Adv.
Mr. Rajat Mathur, Adv.
For Respondent(s) Mr. Shyam Diwan, Sr.Adv.
Mr. Amit Sibal, Adv.
Mr. Anil Karnwal, Adv.
Mr. K.S. Rana,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order placed on the file.
[Usha Bhardwaj] [Sneh Lata Sharma] A.R-cum-P.S. Court Master Signed order is placed on the file.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 277 OF 2014 (Arising out of S.L.P. (Crl) No.1596 of 2013) CBI, New Delhi & Anr. .......Appellants VERSUS Mukesh Kumar & Ors. .....Respondent O R D E R (1) Leave granted.
(2) Heard Mr. Siddharth Luthra learned Additional Solicitor General appearing for appellants and Mr.Amit Sibal learned counsel for respondents.
(3) This appeal has been filed against the judgment and order passed by the High Court of Uttarakhand dated 20th July, 2012 whereby the the order of the Trial Court, taking cognizance of the charge against the respondents was set aside. The respondents are facing the prosecution under Section 120-B, 420, 468 and 471 IPC. The case is numbered as CBI Case No.2450 of 2005. The charge has been filed. This was for the reason that the respondent No.1 fradulantly obtained the Scheduled Caste Certificate and on the basis of which he secured his job as the Inspector of Central Excise and Customs. He has been facing that prosecution. Thereafter, the respondents filed a Criminal Miscellaneous Application No.63 of 2006 before the Uttarakhand High Court for quashing the summoning order and the charge sheet under Section 482 Crl.P.C.and the same has been allowed by the High Court on the ground that the allegations are ...2/-
:2:nothing but surmises and conjectures and there is no adequate corroboration to the statement made under Section 161 of the Criminal Procedure Code. We are not at all satisfied with the reasoning given by the High Court and we are of the view that the respondents must face the prosecution. Therefore, the appeal is allowed. The order of the High Court is set aside. The above Criminal Application will stand dismissed. The C.B.I. Case No.2450 of 2005 will proceed in accordance with law.
...........................J.
(H.L. GOKHALE )
...........................J.
(DIPAK MISRA )
NEW DELHI;
JANUARY 27, 2014.