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Supreme Court of India

Central Bureau of Investigation v. Santosh Karnani & Anr

Neutral citation
Reported as [2023] 3 S.C.R. 476
Bench Surya Kant and J. K. Maheshwari JJ.
Decided 17 April 2023

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.

What the Court ordered

We are of the view that, howsoever hard or harsh it may be, the High Court ought to have refrained itself from extending protection aga inst arrest to Respondent No. 1 in exercise of its discretionary jurisdiction under Section 438 of the CrPC.

Judgment, page 21

From the headnote

Prevention of Corruption Act, 1988 – ss. 7, 13(1), 13(2) – Code of Criminal Procedure, 1973 – s. 41A, 438 – Constitutio n of India – Art. 21 – Tax Department initiated search and seizure ac tion against the complainant’s company – Respondent- Add itional Commissioner of Income Tax was handling the case of the complainant – Allegation against the respondent tha t he made a demand of illegal gratification to help the complainant with his case – The said conversation of demand between the complain ant and the respondent was recorded in a digital voice reco rder – trap was then laid – Respondent

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