NAVEEN KAUSHIK vs. CENTRAL BUREAU OF INVESTIGATION

Case Type: Criminal Appeal

Date of Judgment: 26-04-2018

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Full Judgment Text

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No(s). 1393/2013 NAVEEN KAUSHIK Appellant(s) VERSUS CENTRAL BUREAU OF INVESTIGATION Respondent(s) WITH Crl.A. No. 1377/2013 Crl.A. No. 1394/2013 Crl.A. No. 1382/2013 Crl.A. No. 1383/2013 Crl.A. No. 1384/2013 Crl.A. No(s).1386-1387/2013 Crl.A. No. 1385/2013 Crl.A. No. 1406/2013 Crl.A. No. 1396/2013 Crl.A. No. 1395/2013 Crl.A. No. 1391/2013 Crl.A. No. 1389/2013 Crl.A. No. 1388/2013 Crl.A. No. 1398/2013 Crl.A. No. 1397/2013 SLP(Crl) No(s).2610/2013 Crl.A. No. 1390/2013 Crl.A. No. 1399/2013 Crl.A. No. 1402/2013 Crl.A. No. 1400/2013 Crl.A. No. 1401/2013 Crl.A. No. 1404/2013 Crl.A. No. 1403/2013 Crl.A. No. 1405/2013 SLP(Crl) No. 6835/2013 SLP(Crl) No. 6834/2013 SLP(Crl) No. 6837/2013 Crl.A. No. 388/2014 SLP(Crl) No(s).10050-10051/2013 SLP(Crl) No(s).9652-9653/2013 Crl.A. No. 234/2014 SLP(Crl) No. 5678/2014 SLP(Crl) No. 1451/2014 SLP(Crl) No. 1399/2014 SLP(Crl) No. 2508/2014 SLP(Crl) No. 2970/2014 SLP(Crl) No. 2507/2014 Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.05.10 16:53:59 IST Reason: 2 SLP(Crl) No. 2939/2014 SLP(Crl) No. 2977/2014 SLP(Crl) No. 4709/2014 SLP(Crl) No. 6372/2014 SLP(Crl) No. 6391/2014 SLP(Crl) No. 6691-6692/2014 SLP(Crl) No. 9363/2017 O R D E R We have heard learned counsel for the parties and perused the record. 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, Criminal Appeal NO.1382 of 2013, Criminal Appeal NO. 1396 of 2013, Criminal Appeal NO(s).1389/2013, 1388/2013, 1390/2013 SLP(Crl.)NO.2610/2013, Crl.Appeal NO(s).1398/2013, SLP (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).9652-53/2013, 1451/2014, 1399/2014, 2508/2014, 2970/2014, 2507/2014, 6372/2014, 6391/2014, Criminal Appeal NO(s). 1400/2013 Criminal 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 NO(s).2939/2014, 2977/2014, 4709/2014, 6691-6692/2014, The appeals and the special leave petition are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law. The parties are directed to appear before the trial court for st further proceedings on 21 May, 2018 or as per the scheduled date. Criminal Appeal NO.1394/2013 : th In view of judgment of this Court dated 28 March, 2018 in Asian Resurfacing of Road Agency P. Ltd. And Anr. v. Central Bureau of Investigation, Criminal Appeal NO(s).1375-1376 of 2013, the impugned order is set aside and the matter is remanded to the High Court for fresh decision in accordance with law. 3 The appeal is accordingly disposed of. The parties are directed to appear before the High Court on th Monday, the 28 May, 2018. Criminal Appeal NO. 1384 of 2013: The appeal is dismissed as infructuous on the statement of learned counsel for the appellant(s). The parties are directed to appear before the trial court for st further proceedings on 21 May, 2018 or as per the scheduled date. Criminal Appeal NO. 1385 of 2013: The appeal is allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law. The parties are directed to appear before the trial court for th further proceedings on 15 May, 2018. Criminal Appeal NO. 1406 of 2013, Criminal Appeal NO. 1391 of 2013: The appeals are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law. The parties are directed to appear before the trial court for th further proceedings on 10 July, 2018. Criminal Appeal NO(s).234/2014 : The appeal is allowed to be withdrawn without prejudice to any 4 contention to be raised before the trial court in accordance with law. The parties are directed to appear before the trial court for th further proceedings on 19 May, 2018. Criminal Appeal NO. 1386-1387 of 2013, Criminal Appeal NO. 1395 of 2013, SLP (Crl.)NO(s).10050-10051/2013 : We do not find any merit in these appeals and the special leave petitions which are hereby dismissed. The parties are directed to appear before the trial court for st further proceedings on 21 May, 2018 or as per the scheduled date. We further direct that in all the matters, mentioned above, record be sent to the trial court so that the trial court may proceed with the matters pending before it. SLP(Crl.)NO(s).5678/2014 : The special leave petition is wrongly tagged with Crl.A.NO(s).1386-1387/2013. Accordingly, the special leave petition is detagged and may be listed independently. SLP(Crl.)NO.9363/2017 : Tag to SLP(Crl.)NO.6165 of 2016. ..........................J. (ADARSH KUMAR GOEL) ..........................J. (ROHINTON FALI NARIMAN) New Delhi, April 26, 2018.