VidhiSangh

Supreme Court of India · 08/04/2024

VIPIN SAHNI AND ANOTHER versus CENTRAL BUREAU OF INVESTIGATION

[2024] 4 S.C.R. 308 · 2024 INSC 284

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Summary

Discharge from cheating and conspiracy charges was restored where the educational society’s first application disclosed the bank mortgage and later applications identified the same premises and existing approval. On the admitted record, inaccurate later answers did not establish deliberate deception or an agreement to deceive AICTE. The CBI also could not bypass an available revision and its limitation by invoking Section 482, nor could conversion ignore limitation. The High Court order was set aside and the appeal allowed.

Issues

  1. Whether the admitted applications supported dishonest inducement or a conspiracy to obtain AICTE approvals by deception.
  2. Whether Section 482 could bypass the available revision and its limitation or be converted without considering those requirements.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and Magistrate’s discharge of both appellants from the alleged Sections 420 and 120B IPC offences restored. Pending applications closed.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 308.