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Supreme Court of India 2021-03-12 dismissed

Bhima Razu Prasad vs State, rep. By Deputy Superintendent of Police, CBI/SPE/ACU-II

Bench: 2 — Mohan M. Shantanagoudar

In Brief

An appellant working as Regional Manager at a state enterprise was prosecuted for disproportionate assets. During investigation, other accused persons fabricated a false sale deed and escrow arrangement to shield him. The Court held that Section 195(1)(b)(i) CrPC does not bar the investigating agency from prosecuting fabrication of false evidence committed during investigation prior to trial. The bar applies only when fabricated evidence is produced during court proceedings or by persons already party to those proceedings. The offence here did not have a reasonably close nexus to any court proceeding. Appeals dismissed.

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Criminal Procedure False Evidence Prevention of Corruption Act Section 195 CrPC Fabrication of Evidence Investigation

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