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april 1986

Supreme Court of India · 1986-04-17

R.S. NAYAK vs A.R. ANTULAY & ANR.

Citation / case number
SC 1984/68520
Court
Supreme Court of India
Petitioner
R.S. NAYAK
Respondent
A.R. ANTULAY & ANR.
Author
P.N. () BHAGWATI
Bench
P.N. (CJ) BHAGWATI

Judgment text excerpt

The Supreme Court held that a prima facie case was established against the respondent under Sections 120B, 161, 165, and 420 of the IPC, as well as under Section 5(1) read with Section 5(2) of the Prevention of Corruption Act, 1947. The Court allowed the appeal in part, directing the framing of charges for 19 items while affirming the Trial Judge's decision to not frame charges under Section 384 IPC due to lack of prima facie evidence. The Court emphasized the discretion of the Trial Court to consider further co-conspirators under Section 319 of the Criminal Procedure Code, 1973.

R.S. NAYAK vs A.R. ANTULAY & ANR. · Niyam