Central Bureau of Investigation v. K.M. Sharan
Code of Criminal Procedure, 1973 – s.482; Indian Penal Code, 1860 – ss.120B and 193
Case brief
What is this about?
Quashing of FIR/charge-sheet under s.482 CrPC set aside by Supreme Court; inherent power to be used sparingly, not to stifle legitimate prosecution; High Court not to weigh reliability/veracity of allegations at threshold - face-value prima facie test governs; ingredients of s.120B r/w s.193 IPC (criminal conspiracy and false/fabricated evidence regarding Rs.36 lacs sale-proceeds explanation) held made out; Bhajan Lal seven categories held inapplicable; disproportionate assets and DLF/DDA gratification backdrop; CBI appeal from Delhi High Court Crl. MP No. 1802/2006 allowed.
What did the court decide?
Impugned judgment of the High Court quashing the FIR/charge-sheet set aside; the appellant CBI at liberty to produce the necessary material and evidence before the concerned court to establish the prosecution case, and the respondent to be afforded full opportunity to establish his innocence; no further directions.