VidhiSangh

Supreme Court of India · 12/03/2021

BHIMA RAZU PRASAD versus STATE, REP. BY DEPUTY SUPERINTENDENT OF POLICE, CBI/SPE/ACU-II

[2021] 2 S.C.R. 1020 · 2021 INSC 180

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld prosecution for fabrication of evidence intended to mislead the CBI during a disproportionate assets investigation. Section 195(1)(b)(i) CrPC did not require a court complaint where the investigating agency detected the fabrication and instituted the case before commencement of court proceedings and production of the evidence there. Treating investigation as a stage of a judicial proceeding under Section 193 IPC did not itself make it a proceeding in court. The convictions and reduced sentences were affirmed.

Issues

  1. Whether Section 195(1)(b)(i) barred agency prosecution for fabrication detected during investigation before the evidence reached the trial court.
  2. Whether the statutory description of investigation as a stage of a judicial proceeding made it a proceeding in court.

Provisions considered

Held

Result

Appeals dismissed on law and merits. Appellants to surrender within two weeks if not in custody; remaining fines payable within four weeks, with set-off for imprisonment already undergone.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 1020.