Rakesh Saxena Vs. State Through C.B.I On 07 November, 1986

Q: Q. What are the equivalent citations for Rakesh Saxena vs State Through C.B.I ?

The equivalence citation are23 (1986) ACC 557 ; [1987] 1 SCR 173 ; AIR 1987 SC 740 ; JT 1986 SC 903 ; 1987 (1) CRIMES 100 ; (1986) SUPP SCC 505 ; (1987) SCC (CRI) 156 ; LQ/SC/1986/428 ;

Q: Q. What was the bench assigned for the case Rakesh Saxena vs State Through C.B.I?

HONBLE JUSTICE RANGANATH MISRA, HONBLE JUSTICE P. N. BHAGWATI (CJI)

Open iDraf

Rakesh Saxena v. State Through C.b.i

Rakesh Saxena
v.
State Through C.b.i

(Supreme Court Of India)

No | 07-11-1986

MISRA, J.

1. Special leave granted.

2. We have carefully considered the various aspects of the case and we are of the view that having regard to the nature of the dispute and the fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the lowest rung of the hierarchy in the Foreign Exchange Division of the Bank and not a highly placed officer and the trial is bound to occupy the time of the court of first instance for not less that two or three years in view of the complicated nature of the case and even then, it is extremely doubtful whether it will at all result in conviction, no useful purpose will be served by allowing the prosecutions to continue. Hence, we allow the appeals and quash the charges against the appellant. We may, however, make it clear that if the Bank has any legitimate claim against the appellant, it will be open to the Bank to pursue any civil remedies which may be available to it.

3. Appeals allowed.

Advocates List

M.R. Sharma, Dalveer Bhandari, Advocates.

Bench List

HON'BLE JUSTICE RANGANATH MISRA

HON'BLE JUSTICE P. N. BHAGWATI (CJI)

Eq Citation

23 (1986) ACC 557

[1987] 1 SCR 173

AIR 1987 SC 740

JT 1986 SC 903

1987 (1) CRIMES 100

(1986) SUPP SCC 505

(1987) SCC (CRI) 156

LQ/SC/1986/428

HeadNote

Constitution of India — Art. 136 — Quashing of criminal proceedings — Delay in trial — Complicated nature of case — Appellant merely a trader at lowest rung of hierarchy in Foreign Exchange Division of Bank — Held, no useful purpose will be served by allowing prosecution to continue — Bank may pursue civil remedies available to it — Criminal Procedure Code, 1973, Ss. 482 and 397