A significant legal decision was made by the Supreme Court of India in the case of C.C. No.15 of 2014. The Court’s ruling has wide-ranging implications for the legal system in India, and the judgment brings clarifications on critical aspects of the case. This landmark judgment sets a precedent for future legal proceedings and will be pivotal in shaping legal practices in the country.
Facts
- The Additional Special Judge for CBI cases dismissed the appellant’s application on 05.02.2018
- The High Court of Judicature at Madras dismissed the criminal revision petition filed by the appellant and affirmed the order of the Additional Special Judge for CBI cases
- The appellant filed an appeal in the Supreme Court challenging the High Court’s decision
- Appellant filed application for discharge under Section 239 of Cr.P.C.
- Application was filed in the pending trial for offences under IPC and PC Act.
- Appellant filed criminal revision petition in the High Court at Madras.
- Appellant is accused No.3 in C.C. No.15 of 2014 pending in the Court of XII Additional Special Judge for CBI cases, Chennai.
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Arguments
- The short question in this appeal is whether the Courts were justified in dismissing the appellant’s application under Section 239 of the Cr.P.C.
- Mr. Kapil Sibal appeared as the senior counsel for the appellant.
- Mr. Vikramjit Banerjee appeared as the ASG for the respondent.
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Analysis
- Mr. Kabil Sibal argued the issues with subtlety and vehemence.
- The issues need to be tried on merits in the trial after evidence is adduced by the parties.
- Appellant’s issues were refuted by the respondent.
- The issues should be decided during trial after evidence is adduced
- The court refrained from discussing the facts of the case in detail to avoid prejudice.
- No findings were recorded on the issues raised by the appellant.
- Parties are allowed to raise all pleas on facts and law during the trial.
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Decision
- The Additional Special Judge for CBI cases will decide the matter based only on the evidence presented by the parties.
- The Judge should not be influenced by any prior observations made by the Additional Special Judge or the High Court in their previous orders.
- The appeal in question has been dismissed based on these observations.
Case Title: SRILEKHA SENTIKUMAR Vs. DEPUTY SUPERINTENDENT OF POLICE CBI ACB, CHENNAI
Case Number: Crl.A. No.-000948-000948 / 2019
