IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1761 OF 2009 [ARISING OUT OF S.L.P. (CRL.) NO. 4034 OF 2007]

STATE THROUGH INSPECTOR  OF POLICE CBI, CHENNAI ..... APPELLANT

VERSUS

N.C. NAHAR & ORS.  ..... RESPONDENTS

O R D E R

Leave granted.

We  have  heard  the  learned  counsel  for  the  

parties.

We  are  indeed  disturbed  by  some  of  the  

observations  made  by  the  High  Court.   The  accused-

respondent  was  acquitted  by  the  trial  court  for  

offences punishable under the Prevention of Corruption  

Act, 1947 and sentenced to term of imprisonment.  An  

appeal was thereafter filed in the High Court by the  

State and the High Court set aside the acquittal of the  

accused  (para 30) but at the same time held as under:-

“The result, following the judgments  of this Court rendered in State by Food  Inspector  v.  Kumaresan  (1992)  LAW  WEEKLY  (CRL.) 782   and considering the facts that  the offences are related to the year 1989  for which case was registered in regular  case No. 10/A/91 on 28.2.1991 by P.W. 12,  the Inspector of Police on Instruction by

the Superintendent of Police and the case  ended  in  acquittal  as  per  judgment  the  mental  agony  suffered  by  the  respondents/assured, this court is of the  view that the acquittal of the accused need  not be disturbed.  Accordingly, this appeal  is disposed of.”

On  the  face  of  it,  the  observations  in  the  

aforesaid  paragraphs  cannot  be  reconciled.  We,  

accordingly, allow this appeal, set aside the order of  

the High Court dated 04.04.2006 and remit the matter to  

the High Court for decision afresh in accordance with  

law.  As the matter is pending since the year 1989, we  

would  request the High court to dispose of the matter  

as expeditiously as possible preferably within a period  

of three months from the date of communication of this  

order.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [ J.M. PANCHAL]

NEW DELHI SEPTEMBER 11, 2009.