Delve into the judicial intricacies of a recent court decision where a discharge order was set aside, bringing the case back into the legal spotlight. The court’s analysis and reasoning behind the remand for fresh consideration are crucial aspects of this complex legal matter. Follow along for insights into the nuances of the court’s decision-making process and its impact on the involved parties.
Facts
- Leave granted to appeal the decision
- Central Bureau of Investigation (CBI) and accused persons filed revision petitions
- Accused persons were discharged by the Special Judge
- Appellants are aggrieved by the Delhi High Court’s judgment setting aside the Special Judge’s order from 7 October 2015.
- The High Court directed the trial court to hear the parties after providing a copy of the videography of the inspection carried out by the Medical Council of India to all accused.
- Special Judge had earlier ordered charges to be framed against five accused under various sections of IPC and the PC Act.
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Arguments
- Mr. S. V. Raju, learned Additional Solicitor General has opposed the appeals.
- The appellants’ contention is that the trial court found no prima facie case but the High Court reversed the order without giving reasons.
- The appellants argue that if the discharge order was to be reversed, the High Court should have provided reasons for the decision and why a prima facie case was found against them.
- The learned Single Judge of the High Court remanded the matter back to the trial court.
- All issues will be considered by the trial court on remand.
- No prejudice will be caused to the appellants as a result of the remand.
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Analysis
- The impugned judgment is set aside due to the valuable right of the appellants being taken away without reasons.
- The direction to supply copies of videography in some matters is contested as some copies are unavailable.
- The High Court’s 66-paragraph judgment lacks reasoning for finding error with the trial court’s decision to discharge the appellants.
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Decision
- The impugned judgment dated 29 July 2019 is quashed and set aside.
- The matters are remitted back to the High Court for considering the matters afresh on merits and decide them in accordance with law.
- The respondent-CBI can bring the unavailability of copies of videography in some cases to the notice of the High Court for consideration.
- Pending application(s), if any, stands disposed of.
Case Title: S.K. TONGIA Vs. CENTRAL BUREAU OF INVESTIGATION (2022 INSC 758)
Case Number: Crl.A. No.-001051-001051 / 2022
