The Bombay High Court allowed Criminal Writ Petition No. 845 of 2013, quashing the prosecution against the accused-applicant in a corruption case involving C.B.I. due to insufficient evidence, with observations restricted to his role.
Writ Petition allowed to the extent of quashing the prosecution against accused no.1
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 845 OF 2013.
Mr.Tapan Kumar Chakraborty
…Petitioner
versus
Deputy Superintendent of Police, C.B.I., A.C.B., Mumbai & Anr.
...Respondents
Mr.Nitin Pradhan, Sr. Advocate i/b. Ms.S.D.Khot and Ms. Ameeta Kuttikrishnan for Petitioner.
Mr.Rajesh Desai for the Respondent No.1
Mr.S.S.Pednekar, APP for Respondent no.2.
CORAM : K.U.CHANDIWAL, J.
DATED : 1st August, 2013
P.C. :
Special Judge, C.B.I., A.C.B., Gr. Mumbai.
arrangement had conspired with one Sanjay Zeemur and through
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conduit used to collect extraneous consideration for clearing containers. After the raid, in house search, assets disproportionate to his income were found. However, it is informed by both the learned Counsel that separate prosecution is initiated against accused-applicant no.1.
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company on the back cover of the souvenir. In the statement of Anil
Mishra, in clear tone he says, he never paid any bribe amount to accused no.1 or Sanjay Zeemur or accepts amount on their behalf for processing, clearing the documents/goods for importer. In the statement of Santosh Mende, he was confronted to the compact disc marked TK 31. It illustrates that it was a communication between him and Sanjay Zeemur. It does not refer that such payment was meant for accused no.1. Anil Avati, was a panch. Dashrath Adap also acted as a panch at the residence of Sanjay Zeemur at Koparkhairane, Navi Mumbai. Omkar Salvi was a panch in respect of CDs marked TK-40 to TK-41 and TK-1 to TK-39.
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Whatever this court has observed shall be restricted to the role of accused no.1. It will not influence for role of other accused/suspects.
It will also have no bearing on other cases pending against accused applicant no.1.
2 issues framed by the court
Whether the prosecution should be quashed against the accused-applicant due to lack of sufficient material to substantiate the charge.
Whether the observations in the order apply only to the accused-applicant and not to other accused or pending cases.
Salgaonkar
Deputy Superintendent of Police, C.B.I., A.C.B., Mumbai & Anr
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
