In the case of State Through Inspector of Police, CBI Chennai vs. Naresh Prasad Agarwal & Anr., the Supreme Court of India has rendered its judgement on February 13, 2024. The case stemmed from the Madras High Court’s decision concerning the quashing of a charge sheet and the rejection of an application for discharge in CC No.3 of 2014 pending before the learned Special Judge, CBI cases, Chennai.
The primary contention raised in these appeals pertains to the delay in delivering the detailed judgement by the learned Single Judge of the Madras High Court. While the operative part of the judgement was pronounced on April 17, 2017, the detailed written judgement was made available nearly five months later, on October 23, 2017, after the learned Judge had demitted office.
The Court expressed deep concern over the delay in delivering the detailed judgement, noting that retaining the file of a case for such an extended period after demitting office constitutes an act of gross impropriety. The principle of justice not only being done but also seen to be done has been disregarded in this instance.
In light of the aforementioned impropriety, the Supreme Court sets aside the impugned judgement and remits both matters to the High Court of Judicature at Madras for fresh adjudication. The Court emphasizes that this decision does not constitute an adjudication on the merits of the controversy, leaving all issues open for determination by the High Court.
The appeals are partly allowed, and the cases are remitted to the High Court for fresh consideration in accordance with law. The parties are granted the liberty to bring any subsequent events to the notice of the High Court as per legal procedures.
The impugned judgement in Criminal O.P. No. 21243/2014 and Criminal Revision Case No. 1191/2015, along with related proceedings, is hereby set aside, and the matters are restored to the file of the High Court of Judicature at Madras.
This judgement is pronounced and signed on this 13th day of February, 2024, in New Delhi.
CASE NAME: STATE THROUGH INSPECTOR OF POLICE CBI CHENNAI … APPELLANT(S) VS. NARESH PRASAD AGARWAL & ANR.
NAME: Japnit Kaur Jaggi, BA LLB (Hons), Uttaranchal University, INTERN UNDER LEGAL VIDHYA
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