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july 2003

Supreme Court of India · 2003-07-07

UNION OF INDIA vs PRAKASH P. HINDUJA

Citation / case number
SC 2002/11570
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
PRAKASH P. HINDUJA
Author
G. P. MATHUR JENDRA BABU
Bench
G. P. MATHUR JENDRA BABU

Judgment text excerpt

The Supreme Court overturned the Delhi High Court's decision that quashed the cognizance taken by the Special Judge in the Bofors case, emphasizing the necessity for a proper investigation as per the guidelines established in Vineet Narain & Ors. v. Union of India, 1998 (1) SCC 226. The Court held that the prosecution is permitted to file a fresh charge-sheet after adhering to the required procedures, thereby reinforcing the importance of due process in corruption cases under Section 120-B IPC, Section 420 IPC, and the Prevention of Corruption Act, 1947. The outcome reinstates the proceedings against the accused, allowing the CBI to continue its investigation.

UNION OF INDIA vs PRAKASH P. HINDUJA · Niyam