State through C.B.I. v. P.V. Narasimha Rao, (SC) BS155860
SUPREME COURT OF INDIA

Before:- M.B. Shah and Ruma Pal, JJ.

Petn.(s) for Special Leave to Appeal (Cri.) No. 1667 of 2000. D/d. 6.12.2000.

State through C.B.I. - Petitioner

Versus

P.V. Narasimha Rao and another - Respondents

For the Petitioner :- Harish N. Salve, Solicitor General of India, A. Mariarputham, US Prasad and P. Parmeswaran, Advocates.

For the Respondents :- Rajiv Dutta, Sr. Advocate, Malaukesh Sharma, Uday Kumar, Bhagwan, Kapil Sharma, Naresh K. Sharma, PS Misra, Sr. Advocate, Arun Srivastava, Tathagat H. Vardhan, Priya N. Bhargava, Upendra Mishra and S.B. Upadhyay, Advocates.

Criminal Procedure Code, 1973, Section 228 - Discharge - In the absence of any evidence to connect the accused with alleged conspiracy the order of discharge will be justified.

[Para 2]

ORDER

Heard learned counsel for the parties exhaustively.

2. We are taken through the entire material produced by the investigating agency against the respondents who are discharged by the trial Court. We have also gone through the reasons recorded by the trial Court for not framing the charges against the respondents. The High Court in revision has also re-appreciated the same. In our view, there is no error in the same which would call for interference. It has been rightly pointed out by the learned counsel for the respondents that there is no material evidence to connect the respondents with the alleged conspiracy. Hence this special leave petition is dismissed. The dismissal of this petition would have no bearing on the trial of the other accused against whom charges have been framed.

Petition dismissed.