SUPREME COURT JUDGMENT ON SECTION 5(2) READ WITH SECTION 5(1)(e) OF THE PREVENTION OF CORRUPTION ACT, 1947

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

8383098478, 9667769795

rk@courtkutchehry.com

JAI THAKUR

8130703334, 9355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com

Ashoo Surendranath Tewari Vs. Deputy Superintendent Of Police, EOW, CBI & Anr., (2020) 09 SC CK 0031 

A Full Bench of the Supreme Court while setting aside the judgment of the High Court and that of the Special Judge discharged the appellant from the offence under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 by giving their opinion that the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceedings is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court. The court also held that in case of exoneration, however, on merits where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal cases.

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