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CBI, Gujarat v. Dilip Mulani & Anr.

Criminal Appeal · 2019 INSC 925Decided 20 Aug 2019
Criminal Appeal No. 1252 of 2019
Justice A.M. Khanwilkar · Justice Dinesh Maheshwari

Background

This order sends the case back; it does not decide it. The trial court refused to discharge the respondent in a corruption case. The Gujarat High Court reversed that, saying there was no evidence against him.

Decision Breakdown

This is not a final decision on the discharge. The Court held that the High Court's reasoning was perverse because it did not analyse the trial court's findings. It set aside the order and sent the revision application back to the High Court, expressing no opinion either way on the merits.

Lesson Learnt

A High Court reversing a refusal of discharge must deal with the trial court's reasoning.

Official source (sci.gov.in)View Judgment (PDF)

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