STATE THROUGH THE INSPECTOR OF POLICE CBI/ACB/CHENNAI V. S. MURALI MOHAN, 2024 (SC) 788
Facts: The Central Bureau of Investigation (CBI) filed a Special Leave Petition (SLP) challenging the quashing of a disproportionate assets case against an Indian Revenue Service (IRS) officer. The accused, an IRS officer of the 1999 batch, was alleged to have accumulated assets worth over Rs. 3.2 crores, which were purportedly disproportionate to his known sources of income, during the period from January 2002 to August 2014. The trial court had earlier passed a one-line order quashing the case, but the certified copy of the JUDGMENT was only made available after the retirement of the judge. The CBI contended that the Chief Justice of the Madras High Court had subsequently directed the case to be heard de novo. A report submitted by the Registrar General of the Madras High Court revealed that the case bundle, along with the detailed JUDGMENT dated May 15, 2017, was received by the Personal Assistance Section on July 17, 2017, and was sent for uploading on July 18, 2017. The JUDGMENT was ultimately uploaded on July 20, 2017.
Issue:Whether a judgment that has been signed and uploaded can be set aside?
Observation: The Supreme Court restored the quashing petition related to the corruption case. It found it necessary to set aside the judgment dated May 15, 2017, and directed that the quashing petition be reinstated before the Madras High Court for fresh consideration. The Court further held that any interim relief granted until May 15, 2017, would remain in force until the quashing petition is decided afresh by the High Court. The Supreme Court clarified that it was not expressing any opinion on the merits of the case and left all issues open for the High Court to resolve in due course.
