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november 1978

Supreme Court of India · 1978-11-06

UNION OF INDIA vs PRAFULLA KUMAR SAMAL & ANR.

Citation / case number
SC 1977/61841
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
PRAFULLA KUMAR SAMAL & ANR.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court upheld the discharge of respondents under Section 227 of the Code of Criminal Procedure, 1973, affirming that the Special Judge correctly determined there was insufficient ground to frame charges under Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act and Section 120B IPC. The Court clarified that at this stage, the Judge must only sift through evidence to ascertain if there are sufficient grounds for proceeding against the accused. The Court also noted that only the lessee's interest was acquired, with the proprietary interest remaining with the Government, thus negating claims for compensation from the Government's interest.

UNION OF INDIA vs PRAFULLA KUMAR SAMAL & ANR. · Niyam