Supreme Court - Daily Orders
State Of A. P. Re By Cbi/Spe/Hyd. vs K Narasimha, Ias on 26 April, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 802 of 2017
(Arising out of SLP (CRL.) No.8540 of 2014)
STATE OF ANDHRA PRADESH RE. BY CBI/SPE/HYD. Appellant(s)
VERSUS
K NARASIMHA, IAS Respondent(s)
O R D E R
Leave granted.
This appeal arises out of Judgment and Order dated 20 th March, 2014 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Revision No.210 of 2014.
The respondent was facing prosecution for an offence of corruption under the provisions of the Prevention of Corruption Act, 1988. He is admittedly a member of All-India Service being an I.A.S. officer. The High Court held that since the respondent was State Government employee without obtaining sanction from the State Government, the Central Bureau of Investigation (CBI) does not have the jurisdiction to investigate the offence.
Heard learned counsel for the parties. We are of the view that the order of the High Court cannot be sustained. It was wrongly assumed that the respondent was the State Government employee.
Signature Not Verified
The respondent is an employee of the Digitally signed by MAHABIR SINGH Central Government.
Date: 2017.04.29 10:39:29 IST Thus, the C.B.I. is competent to conduct Reason:
investigation into an offence under the provisions of the Prevention of Corruption Act, 1988, against the respondent. 2 Accordingly, the appeal is allowed and the impugned order is set aside.
Pending applications, if any, shall also stand disposed of.
..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, APRIL 26, 2017.
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ITEM NO.17 COURT NO.11 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). 8540/2014
(Arising out of impugned final judgment and order dated 20/03/2014 in CRLR No. 210/2014 passed by the High Court Of Andhra Pradesh At Hyderabad) STATE OF ANDHRA PRADESH RE BY CBI/SPE/HYD. Petitioner(s) VERSUS K NARASIMHA, IAS Respondent(s) (With appln. (s) for permission to place addl. documents on record and stay) Date : 26/04/2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. D.N. Goburdhun,Adv.
Mr. T.A. Khan,Adv.
Ms. Saudamani Sharma,Adv. Ms. Kirti Dua,Adv.
Ms. Somya Rathore,Adv.
Mr. Mukesh Kumar Maroria,Adv.
For Respondent(s) Dr. Sushil Kumar Gupta,Adv.
Mr. Ajit Kumar Gupta,Adv. Mr. Rakesh K. Sharma,Adv. Ms. Mridula Ray Bharadwaj,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
In terms of the signed order, this appeal is allowed.
(MAHABIR SINGH) (HARESH SINGH NEGI) COURT MASTER COURT MASTER
(Signed order is placed on the file)