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Supreme Court of India 2018-03-28 disposed

Asian Resurfacing of Road Agency Pvt. Ltd. & Anr vs Central Bureau of Investigation

Bench: 3 — Adarsh Kumar Goel, R.F. Nariman

In Brief

A three-judge bench clarified the High Court's jurisdiction over orders framing charges in corruption cases under the Prevention of Corruption Act, 1988. The Court held that while such orders are neither purely interlocutory nor final, the High Court has jurisdiction to challenge them under Section 482 CrPC or Articles 226/227 of the Constitution. However, this power must be exercised only in rarest of rare cases to correct patent illegality. Any stay granted should not exceed two to three months to decide the petition, or six months overall unless extended by a detailed speaking order. The Court rejected a blanket ban on stays while emphasizing the legislative intent for expeditious trial disposal in corruption cases.",

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Criminal Procedure Prevention of Corruption Act Jurisdiction of High Court Interlocutory Orders Inherent Powers Writ Petitions Constitutional Law

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