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july 2008

Supreme Court of India · 2008-07-14

BHARAT PARIKH vs C.B.I.

Citation / case number
SC 2006/31916
Court
Supreme Court of India
Petitioner
BHARAT PARIKH
Respondent
C.B.I.
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed two legal propositions regarding the jurisdiction of a Magistrate to recall charges framed under Sections 120-B, 420, 468, 471, 477-A IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. It held that once charges are framed, the Magistrate lacks the power to cancel them under Section 227 of the Code of Criminal Procedure, and the trial must proceed to its conclusion. The Court affirmed the Bombay High Court's dismissal of the appellant's application for quashing the proceedings, emphasizing that non-compliance with document production does not invalidate the charge framing process.

BHARAT PARIKH vs C.B.I. · Niyam