Supreme Court of India
Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.v. Central Bureau of Investigation v. Central Bureau of Investigation
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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.)
Authorities it was built on
- 1994 Kartar Singh v. State of Punjab
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 1997 L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc.
- 2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr.
- 1989 Stree Atyachar Virodhi Parishad Etc. Etc. v. Dilip Nathumal Chordia & Anr.
- 2002 Dilawar Balu Kurane v. State of Maharashtra
- 2014 Manohar Lal Sharma v. The Principal Secretary & Ors.
- 1964 Special Reference No. 1 of 1964 v..
- 2008 Dhariwal Tobago Products Ltd. and Others v. State of Maharashtra and Another
- 2010 Shalini Shyam Shetty and Another v. Rajendra Shankar Patil
- 1984 Siliguri Municipality & Others v. Amalendu Das & Others
- 1977 Amar Nath and Others. v. State of Haryana & Others
- 1997 Krishnan and Anr. v. Krishna Veni and Anr.
- 2006 Central Bureau of Investigation v. Ravi Shankar Srivastava, Ias and Anr.
- 2012 Imtiyaz Ahmad v. State of Uttar Pradesh & Ors.
- 1978 Jagir Singh v. Ranbir Singh & Anr.
- 1967 Sarpanch,. Lonand Grampanchayat v. Ramgiri Gosavi & Anr.
- 2003 State through Special Cell, New Delhi v. Navjot Sandhu @ Afshan Guru and Ors.
- 2004 Poonam Chand Jain and Anr. v. Fazru
- 1984 Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop India Ltd. and Ors.
- 1967 Mohan Lal Magan Lal Thacker v. State of Gujarat
- 1980 Vishesh Kumar v. Shanti Prasad
- 1987 Khalil Ahmed Bashir Ahmed v. Tufelhussein Samasbhai Sarangpurwala
- 2017 Mrs. Hema Khattar & Anr. v. Shiv Khera
- 2001 Satya Narayan Sharma v. State of Rajasthan
- 1986 State of West Bengal & Ors. v. Calcutta Hardware Stores and Ors.
- 1974 Maruti Bala Raut v. Dashrath Babu Wathare & Ors.
- 1978 Chandrasekhar Singh & Ors. v. Siya Ram Singh & Ors.
- 1967 Ratilal Bhanji Mithani v. Asstt. Collector of Customs, Bombay & Anr.
- 1993 The Union Territory of Pondicherry and Ors. v. P.V. Suresh Etc. Etc. and Ors.
Where later benches applied it
- 2021 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others
- 2020 Benedict Denis Kinny v. Tulip Brian Miranda & Ors.
- 2024 High Court Bar Association, Allahabad v. State of U.P. & Ors.
- 2024 Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.
- 2022 State through Deputy Superintendent of Police v. R. Soundirarasu Etc.
- 2021 Bureau of Investigation (cbi) and Anr. v. Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr.
- 2021 Sanjay Kumar Rai v. State of Uttar Pradesh & Anr.
- 2019 Dharani Sugars and Chemicals Ltd. v. Union of India & Ors.
Of those, 2 relied on · 1 followed · 5 referred to
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