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Criminal · Reportable judgment

Asian Resurfacing of Road Agency P. Ltd. and Anr. vs Central Bureau of Investigation

Court
Supreme Court of India
Date
25 April 2018
Case No.
Criminal Appeal Nos. 1375-1376 of 2013
Result
Disposed
Bench
Adarsh Kumar Goel, R.F. Nariman
Citation
[2018] 2 S.C.R. 1106 : 2018 INSC 413
Supreme Court Reports [2018] 2 S.C.R. 1106 : 2018 INSC 413
Headnote

Prevention of Corruption Act, 1988 – s.19(3)(c) – Jurisdiction of High Court in granting stay in challenge against order framing charge under the 1988 Act – Held: In view of judgment of three Judge Bench dtd. 28th March, 2018 reported in [2018] 2 SCR 1045, and after considering the material on record, no ground to interfere with the order framing charge – Trial Court to proceed with the matter pending before it.

Practice and Procedure – Summoning of records by appellate/revisional court– Held: Wherever original record has been summoned by appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith – If in future the trial court record is summoned, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up – In cases where specifically original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same be returned while keeping a photocopy/scanned copy of the same.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was delivered: O R D E R 1. Heard learned counsel for the parties. 2. In view of judgment of three Judge Bench dated 28th March, 2018 and after considering the material on record, we do not find any ground to interfere with the order framing charge. 3. Accordingly, the trial court is directed to proceed with the matter pending before it. All contentions of the parties are left open which may be gone into by the trial court. Parties are directed to appear before the trial court on 14th May, 2018. th 4. To give effect to directions in judgment of this Court
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