Supreme Court of India

Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.v. Central Bureau of Investigation v. Central Bureau of Investigation

Neutral citation
Reported as [2018] 2 S.C.R. 1045
Bench Adarsh Kumar Goel, R. F. Nariman and Navin Sinha JJ.
Decided 28 March 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

Held as under: (Suresh case, SCC p. 707, para 9) “9. … at the stage of Sections 227 and 228 the cour t is required to evaluate the material and documents on record with a view to finding out if the facts emerging th erefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence.

Judgment, page 31

From the headnote

Prevention of Corruption Act, 1988: s.19(3)(c) – Interpret ation of – Order framing charge under the 1988 Act – Chal lenge to – Jurisdiction of High Court and power to grant stay in such matters – Whether an order on charge framed under the provisions of 1988 Act, is an interlocutory order, and thereby in view of s.19(3)(c), exercise of revisional power of High Co urt u/ s.397(2),CrPC is barred – Also whether s.19(3)(c) w hich bars revision would also bar exercise of inherent power of igh Court u/s.482, CrPC or u/Arts.226 and 227– Held: Per . K. Goel, J. (for himself and Navin Sinha, J.)

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