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SUPREME COURT REPORTS
[2018] 2 S.C.R.
ASIAN RESURFACING OF ROAD AGENCY P. LTD. AND ANR.
v.
CENTRAL BUREAU OF INVESTIGATION
(Criminal Appeal Nos. 1375-1376 of 2013)
APRIL 25, 2018
[ADARSH KUMAR GOEL AND R. F. NARIMAN, JJ.]
Prevention of Corruption Act, 1988 – s.19(3)(c) – Jurisdiction
of High Court in granting stay in challenge against order framing
charge under the 1988 Act – Held: In view of judgment of three
Judge Bench dtd. 28th March, 2018 reported in [2018] 2 SCR 1045,
and after considering the material on record, no ground to interfere
with the order framing charge – Trial Court to proceed with the
matter pending before it.
Practice and Procedure – Summoning of records by appellate/
revisional court– Held: Wherever original record has been
summoned by appellate/revisional court, photocopy/scanned copy
of the same may be kept for its reference and original returned to
the trial courts forthwith – If in future the trial court record is
summoned, the trial courts may send photocopy/scanned copy of
the record and retain the original so that the proceedings are
not held up – In cases where specifically original record is required
by holding that photocopy will not serve the purpose, the appellate/
revisional court may call for the record only for perusal and the
same be returned while keeping a photocopy/scanned copy of the
same.
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
Nos. 1375-1376 of 2013.
From the Judgment and Order dated 29.03.2011 and 07.04.2011
of the High Court of Delhi at New Delhi in Crl. W. P. No. 352 of 2010.
Ms. Vibha Datta Makhija, Sr. Advs., Ms. Tatini Basu, S. S.
Shamshery, Ms. Kiran Bhardwaj, Ms. Rukmini Bobde, Ms. Binu Tamta,
V. V. Pattabhi Ram, Sumit Teterwal, Mukesh Kumar Maroria, Ms. B.
V. Balaram Das, Ashok K. Mahajan, Senthil Jagadeesan, Amarjit Singh
Bedi, Sarvesh Singh Baghel, Advs. for the appearing parties.
[2018] 2 S.C.R. 1106
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The following Order of the Court was delivered:
O R D E R
1. Heard learned counsel for the parties.
2. In view of judgment of three Judge Bench dated 28th March,
2018 and after considering the material on record, we do not find any
ground to interfere with the order framing charge.
3. Accordingly, the trial court is directed to proceed with the matter
pending before it. All contentions of the parties are left open which may
be gone into by the trial court. Parties are directed to appear before the
trial court on 14th May, 2018.
4. To give effect to directions in judgment of this Court dated 28th
March, 2018, noted above, we direct that wherever original record has
been summoned by an appellate/revisional court, photocopy/scanned copy
of the same may be kept for its reference and original returned to the
trial courts forthwith.
5. We also direct that if in future the trial court record is summoned,
the trial courts may send photocopy/scanned copy of the record and
retain the original so that the proceedings are not held up. In cases
where specifically original record is required by holding that photocopy
will not serve the purpose, the appellate/revisional court may call for the
record only for perusal and the same be returned while keeping a
photocopy/scanned copy of the same.
6. A copy of this order be sent to all the High Courts.
The appeals are disposed of.
Divya Pandey Appeals disposed of.
ASIAN RESURFACING OF ROAD AGENCY P. LTD. AND ANR.
v. CENTRAL BUREAU OF INVESTIGATION
Lex