Central Bureau of Investigation, Hyderabad V/s K. Narayana Rao

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2012-09-21
Case No: 1352-1353 of 2012
Judge Name: S.B. Sinha & P.P. Naolekar
Subject: Criminal Law
Statutes / Acts: Indian Penal Code, 1860
Section: Prevention of Corruption Act 1988 - Section 13(1) Prevention of Corruption Act 1988 - Section 13(2) Code of Criminal Procedure 1973 (CrPC) - Section 209 Code of Criminal Procedure 1973 (CrPC) - Section 226 Code of Criminal Procedure 1973 (CrPC) - Section
History of Case No: Order dated 09.07.2010 of the Hon'ble High Court of Andhra Pradesh at Hyderabad in Crl. Petition No. 2347 of 2008
Equal Citation Details :

2012CriLJ4610, 2012(6)CTC569, 2012GLH(3)373, JT2012(9)SC359, 2012(4)KLT92, 2012MLJ(Crl)420, 2012(IV)MPJR(SC)179, 2013(1)OLR(SC)74, 2012(9)SCALE228, (2012)9SCC512

Case Note / Description :

The essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both-An offence of conspiracy cannot be deemed to have been established on mere suspicion and surmises or inference which are not supported by cogent and acceptable evidence.3. Criminal Procedure Code, 1973-Sec. 227-Discharge of accused if the Magistrate finds that there is no prima facie evidence or the evidence placed is totally unworthy of credit, it is his duty to discharge the accused at once-While exercising jurisdiction under the section the Magistrate should not make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.4. Criminal Procedure Code, 1973-Sec. 209-A judicial Magistrate enquiring into a case under the section is not to act as a mere post office and has to arrive at a conclusion whether the case before him is fit for commitment of the accused to the Court of session.5. Practice-Lawyers-A lawyer owes an "unremitting loyalty" to the interests of the client-Lawyer's responsibility to act in a manner that would best advance the interest of the client.

 
 
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