Supreme Court - Daily Orders
M/S. Karnataka Emta Coal Mines Ltd vs Central Bureau Of Investigation on 23 August, 2024
CRIMINAL APPEALS NO. 1659-1660/2024
ITEM NO.1501 COURT NO.9 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEALS NO. 1659-1660/2024
M/S. KARNATAKA EMTA COAL MINES LTD. & ANR. APPELLANTS
VERSUS
CENTRAL BUREAU OF INVESTIGATION RESPONDENT
([HEARD BY : HON. HIMA KOHLI AND HON. AHSANUDDIN AMANULLAH, JJ.] (IA No. 116139/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS /ANNEXURES) Date : 23-08-2024 These matters were called on for pronouncement of judgment today.
For Appellant(s) Mr. Ranjit Kumar, Sr. Adv.
Mr. Abhimanyu Bhandari, Sr. Adv. Ms. Rooh-e-hina Dua, AOR Mr. Ayush Aggarwal, Adv.
Mr. Sangram S. Saron, Adv.
Mr. Arav Pandit, Adv.
For Respondent(s) Mr. R S Cheema, Sr.Adv.
Ms. Tarunnum Cheema, Adv.
Mr. Akshay Nagarajan, Adv.
Mr. Akash Singh, Adv.
Mr. Mukesh Kumar Maroria, AOR
1. Hon’ble Ms. Justice Hima Kohli pronounced the judgment of the Bench comprising Her Ladyship and Hon’ble Mr. Justice Ahsanuddin Amanullah.
Signature Not Verified 2. The appeals succeed in terms of the signed reportable judgment, which Digitally signed by KAVITA PAHUJA Date: 2024.08.23 15:28:01 ISTReason: is placed on the file.
1CRIMINAL APPEALS NO. 1659-1660/2024
3. The operative portion of the judgment is as follows:
“21.3 In the light of the aforesaid discussion, we are of the opinion that the respondent–CBI embarked on a roving and fishing inquiry on the strength of the Audit Report of the CAG and then started working backwards to sniff out criminal intent against the ap- pellants. The underpinnings of what was a civil dispute premised on a contract between the parties, breach whereof could at best lead to determination of the contract or even the underlying lease deed, has been painted with the brush of criminality without any justification. This criminal intent has been threaded into the dispute by the respondent-CBI by misinterpreting the clauses of the agreements governing the parties and by heavily banking on the observations made in the Audit Report of the CAG that has not attained finality till date. In view of the glaring infirmities mentioned hereinabove, the impugned orders deserve interference in exercise of the powers vested in this court under Article 136 of the Constitution of India. 21.4 For all the reasons enumerated above, the present appeals succeed. The order on charge dated 24 th December, 2021 and the order framing charges dated 3 rd March, 2022 passed by the learned Special Judge, CBI qua the appellants before this Court are unsustainable and accordingly quashed and set aside.” (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) 2