Union of India & others Appellant(s) Vs. Ramesh Gandhi
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Head Note
Indian Penal Code,1860 - Section 120 , Section 420 , Prevention of Corruption Act,1988 - Section 13 (2) , (1)
FIR registered under - Alleging that all the accused entered into a criminal conspiracy to confer an illegal and unjust benefit on the private company, "intentionally and dishonestly" - The High Court quashed the FIR on the ground that the supply of coal had been obtained in terms of a decision given by the Calcutta High Court and approved by this Court and no magistrate can, therefore, decide whether any unjust pecuniary advantage was made available to the private company - Hence, the appeal - The Supreme Court held that if a judgment obtained by playing fraud on the Court is a nullity and is to be treated as non est by every Court superior or inferior, the conclusion that no Court can examine the correctness of the contents of the impugned FIR, is unsustainable and without any basis in law - Non-disclosure/suppression of the crucial fact was wilful and deliberate pursuant to a conspiracy between all the accused to secure an illegal and wrongful monetary gain to the private company. Therefore, the Judgment under appeal set aside - Appeal allowed.
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