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Supreme Court of India 2022-08-24 allowed

PUSHPENDRA KUMAR SINHA vs STATE OF JHARKHAND

Bench: 3 — N.V. Ramana, J.K. Maheshwari, Hima Kohli

In Brief

A government engineer was prosecuted for alleged corruption and criminal conspiracy in connection with a power project contract dispute that was referred to arbitration. The Supreme Court discharged him, holding that at the charge stage, the court must ensure the accused was actually involved in the wrongdoing alleged. The engineer had no decision-making authority over the arbitration referral—that decision was made by senior board officials. He merely prepared routine file notes implementing board decisions and received no bribes or benefits. The Court found no prima facie case of conspiracy or misappropriation and discharged the appellant, criticizing the selective prosecution of junior officials while sparing senior decision-makers.

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Criminal Procedure Corruption and Misconduct Criminal Conspiracy Public Servants Discharge of Accused Prima Facie Case Revisional Jurisdiction

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