NAVEEN KAUSHIK versus CENTRAL BUREAU OF INVESTIGATION on 26 April 2018

SUPREME COURT REPORTS[2018] 2 S.C.R. 1108

[2018] 2 S.C.R.

NAVEEN KAUSHIK

A

v.

CENTRAL BUREAU OF INVESTIGATION(Criminal Appeal No(s). 1393/2013)

APRIL 26, 2018

B[ADARSH KUMAR GOEL AND R. F. NARIMAN, JJ.]

Prevention of Corruption Act, 1988 – s.19(3)(c) – Held: Inview of three judge Bench judgment dtd. 28[th]March, 2018 passedby Supreme Court in Asian Resurfacing of Road Agency P. Ltd. andAnr. v. Central Bureau of Investigation reported in [2018] 2 SCR 1045,impugned order in Criminal Appeal No.1394/2013 is set aside andthe matter is remanded to High Court – Connected appeal Nos.C1384, 1386-1387, 1395 and 10050-10051, dismissed – SLP Crl.No. 5678/14 detagged – SLP Crl. No.9363/17 tagged with SLP Crl.No. 6165/2016 – All other connected appeals/special leave petitionsallowed to be withdrawn without prejudice to any contention to beraised before the trial court.

CRIMINAL APPELLATE JURISDICTION : Criminal AppealDNo. 1393 of 2013.

From the Judgment and Order dated 30.03.2011 of the High Courtof Delhi at New Delhi in LPA No. 810 of 2010.

WITH

Crl. A. Nos. 1377, 1394, 1382, 1383, 1384, 1386-1387, 1385, 1406,1396, 1395, 1391, 1389, 1388, 1398, 1397, 1390, 1399, 1402, 1400, 1401,E1404, 1403, 1405 of 2013

Crl.A. Nos. 388, 234 of 2014

SLP(Crl) Nos. 5678, 1451, 1399, 2508, 2970, 2507, 2939, 2977,4709, 6372, 6391, 6691-6692 of 2014

SLP(Crl) No. 9363 of 2017

F

SLP(Crl) Nos.2610, 6835, 6834, 6837, 10050-10051, 9652-9653

of 2013

Vikas Singh, Sr. Adv., Md. Shahid Anwar, Zulfiquar Ali Khan,Aamir Naseem, M.C. Dhingra, Anuj Chauhan, Sibo Sankar Mishra, M.K.Pandey, Ms. Sutapa Sarangi, Anupam Lal Das, Anirudh Singh, KrishanuBarua, Rishi Malhotra, Dr. Sushil Kumar Gupta, Ajit Kumar Gupta, Ms.GRadhey Shyam Ahuja, Arvind Kumar Shukla, Mohit D. Ram, Alok Shukla,Nihal Ahmad, Kunal Yadav, Ms. Nena Shukla, Ms. Mridula RayBharadwaj, Yoginder Handoo, Nishant Kumar, Harvinder Singh Bhullar,Ms. Monalisha Chowdhury, Ashwani Kumar, Yogesh Verma, BhavtoshSharma, Snehil Sonam, Anuj Chauhan, Gopal Jha, Sarvesh Singh Baghel,Rajesh Tyagi, Harsh Khanna, Harish Pandey, Amit Tanwar, Nikhil Jain,R.P. Shukla, Vijay K. Jain, Kamal Mohan Gupta, Abhinav Sharma,HMs. Sneha Baul, Santosh Kumar - I, S. S. Shamshery, Ms. Rukhmini

Bobde, Ms. Kiran Bhardwaj, Ms. Binu Tamta, V.V. Pattabi Ram, SumitTeterwal, Mukesh Kumar Maroria, Ms. Kiran Bhardwaj, B. V. BalaramDas, Ashok K. Mahajan, Senthil Jagadeesan, Amarjit Singh Bedi, SarveshSingh Baghel, Advs. for the appearing parties.

A

The following Order of the Court was delivered:

O R D E RWe have heard learned counsel for the parties and perused theBrecord.Criminal Appeal No(s).1393 of 2013,Criminal Appeal No(s).1377/2013, 1383/2013, 1399/2013, 1405/2013;and SLP(Crl.) NO.6837/2013,CCriminal Appeal No.1382 of 2013,Criminal Appeal No. 1396 of 2013,Criminal Appeal No(s).1389/2013, 1388/2013, 1390/2013SLP(Crl.) No.2610/2013,Crl.Appeal No(s).1398/2013;DSLP (Crl.) No(s). 6835/2013, 6834/2013,Criminal Appeal No(s). 1397/2013, 1402/2013, 1401/2013, 1404/2013, 1403/2013,-SLP(Crl.) No(s). 965253/2013, 1451/2014, 1399/2014, 2508/2014,2970/2014, 2507/2014, 6372/2014, 6391/2014,Criminal Appeal No(s). 1400/2013ECriminal Appeal No(s). 388/2014,SLP (Crl.) No(s).2939/2014, 2977/2014, 4709/2014, 6691-6692/2014, The appeals and the special leave petition are allowed to bewithdrawn without prejudice to any contention to be raised before thetrial court in accordance with law.

F

The parties are directed to appear before the trial court for furtherproceedings on 21[st] May, 2018 or as per the scheduled date.

Criminal Appeal No. 1394/2013:

In view of judgment of this Court dated 28[th] March, 2018 in AsianResurfacing of Road Agency P. Ltd. And Anr.v. Central Bureau ofInvestigation, Criminal Appeal NO(s).1375-1376 of 2013, the impugnedorder is set aside and the matter is remanded to the High Court for freshdecision in accordance with law.

G

The appeal is accordingly disposed of.The parties are directed to appear before the High Court onMonday, the 28[th] May, 2018.

H

ACriminal Appeal No. 1384 of 2013:

The appeal is dismissed as infructuous on the statement of learnedcounsel for the appellant(s).

The parties are directed to appear before the trial court for furtherproceedings on 21[st] May, 2018 or as per the scheduled date.

Criminal Appeal No. 1385 of 2013:

B

The appeal is allowed to be withdrawn without prejudice to anycontention to be raised before the trial court in accordance with law.

The parties are directed to appear before the trial court for furtherproceedings on 15[th] May, 2018.

Criminal Appeal No. 1406 of 2013,

CCriminal Appeal No. 1391 of 2013:

The appeals are allowed to be withdrawn without prejudice toany contention to be raised before the trial court in accordance with law.

The parties are directed to appear before the trial court for furtherproceedings on 10[th] July, 2018.

Criminal Appeal No(s). 234/2014:D

The appeal is allowed to be withdrawn without prejudice to anycontention to be raised before the trial court in accordance with law.

The parties are directed to appear before the trial court for furtherproceedings on 19[th] May, 2018.

-Criminal Appeal No. 13861387 of 2013,

ECriminal Appeal No. 1395 of 2013,SLP (Crl.) No(s). 10050-10051/2013:

We do not find any merit in these appeals and the special leavepetitions which are hereby dismissed.

The parties are directed to appear before the trial court for furtherproceedings on 21[st] May, 2018 or as per the scheduled date.

F

We further direct that in all the matters, mentioned above, recordbe sent to the trial court so that the trial court may proceed with thematters pending before it.

SLP(Crl.) No(s). 5678/2014:

The special leave petition is wrongly tagged withCrl.A.NO(s).1386-1387/2013.G

Accordingly, the special leave petition is detagged and may belisted independently.

SLP(Crl.) No. 9363/2017:

Tag to SLP(Crl.)NO.6165 of 2016.

H

Divya Pandey Matters disposed of.