Supreme Court of India
Pushpendra Kumar Sinha v. State of Jharkhand
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What the Court ordered
In view of the foregoing discussion, we are of the considered opinion that the High Court erred in refusing to exercise the revisional powers vested in it under Sections 397 and 401 of the Cr.P.C . and dismissing the criminal revision preferred by the Appellant.
Judgment, page 17
From the headnote
Penal Code, 1860 – ss.109, 409, 420, 467, 471, 477A and 120B – Prevention of Corruption Act, 1988 – s.13(1) (c) and s. 13(1)(d) – Charges under – While giving effect to an award in favour of RPCL, JSEB faced shortage of funds – JSEB decided to make internal enquiry into handling the work contra ct given to RPCL – On basis of the said enquiry, allegations of malpractice and financial irregularity were levelled against the ap pellant and some others – FIR was registered – Charge sheet was filed – Appellant moved a discharge petition u/s.239 of Cr.PC, whi ch was dismissed by the Special Judge –
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