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Central Bureau of Investigation v. Arvind Khanna

Criminal Appeal · 2019 INSC 1152Decided 17 Oct 2019
Criminal Appeal No. 1572 of 2019
Justice R. Banumathi · Justice R. Subhash Reddy

Background

The respondent, a former Punjab MLA, received over Rs. 9 crore from foreign entities, which the CBI alleged violated the Foreign Contribution (Regulation) Act, 1976 since no prior government permission was obtained. The respondent claimed the money was actually a gift from his father (an Indian passport holder) routed through foreign entities holding funds on his father's behalf, and the Income Tax Department had itself treated similar receipts as a gift. The Delhi High Court, exercising its inherent powers under Section 482 CrPC, went into these disputed facts in detail and quashed the FIR and chargesheet, while also setting aside a Revisional Court order (which had corrected the trial court's cognizance order) for want of notice to the respondent.

Decision Breakdown

The Supreme Court held that the High Court had exceeded its jurisdiction under Section 482 CrPC by recording findings on seriously disputed factual questions, such as whether the funds were genuinely a gift from the respondent's father, at the quashing stage itself, when such issues could only be resolved through evidence at trial. The Court found the High Court's observation that the "gift" explanation was virtually admitted and undisputed was contrary to the record. It set aside the High Court's common order, revived the criminal proceedings to continue from where they were stopped, and separately remitted the Revisional Court's order for fresh consideration after giving the respondent proper notice and a hearing, without expressing any view on the merits.

Lesson Learnt

High Courts cannot use their inherent power to quash an FIR as a shortcut to decide genuinely disputed factual defences (like "was this really a gift?"): such defences must be tested through evidence at a full trial, not short-circuited at the pre-trial stage.

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

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