VidhiSangh

Supreme Court of India · 17/10/2019

CENTRAL BUREAU OF INVESTIGATION versus ARVIND KHANNA

[2019] 13 S.C.R. 470 · 2019 INSC 1152

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Summary

The CBI challenged quashing of proceedings alleging unlawful receipt of foreign contributions by an MLA. The High Court had treated the accused’s claim that the money was his Indian father’s gift as admitted. The Supreme Court held that this disputed defence required trial evidence. It separately set aside an adverse revisional order made without notice and remitted that revision for hearing.

Issues

  1. Whether the High Court could resolve the disputed source-of-funds defence under section 482 CrPC.
  2. What remedy followed from the revisional court’s failure to hear the accused.

Held

Result

The CBI appeal was allowed and the High Court’s common order set aside. Trial could resume according to law without being influenced by either court’s observations. The revision order of 20 August 2011 was separately quashed and remitted for fresh consideration after notice; the respondent was to appear within four weeks without awaiting formal notice.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 470.