Supreme Court · 2012 INSC 368 · Decided 31 August 2012
M.C. Gupta v. Central Bureau of Investigation, Dehradun
- Court
- Supreme Court of India
- Citation
- 2012 INSC 368 · [2012] 7 S.C.R. 455
- Case number
- CRIMINAL APPEAL No. 1332/2012
- Decided
- 31 August 2012
- Bench
- AFTAB ALAM, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120, 409, 5(2); Constitution Article 20; Prevention of Corruption Act Section 5(1), 5(2), 30
Headnote
PREVENTION OF CORRUPTION ACT, 1988: A B s. 30(2) of 1988 Act read with s. 6 of General Clauses Act, c 1897 - Saving of investigation under the repealed Act - Offence committed while 1947 Act was in force - FIR registered for offences punishable under the 1947 Act, after coming into force of the and sentence upheld by High Court - Held: By virtue of s.30(2) of the 1988 0 Act, read with ss. 6(c) and 6(e) of the General Clauses Act, 1897, the right of C.B./. to investigate the crime, institute the proceedings and prosecute the accused is saved and not affected by the repeal of the
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