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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Suryaprakash, s/o. Tekchandji Dembda – Appellant
Versus
State of Maharashtra, Through Police Inspector Sadar Bazar Police Station, Jalna – Respondent
JUDGMENT :-
1. Rule. Rule made returnable forthwith and with consent of parties heard finally at the stage of admission.
2. By the present Petition under Article 226 and 227 of the Constitution of India, the Petitioner takes exception to the judgment dated 17.04.2018 passed by the learned Sessions Judge, Jalna, in Criminal Revision Application No.102 of 2013 thereby upheld order of rejection of application for discharge passed by the learned Chief Judicial Magistrate, Jalna, below Exh.17 in Regular Criminal Case No.891 of 2010 on 16.09.2013.
3. The Petitioner is the original accused and the Respondent No.2 is the original complainant in Criminal Misc. Application No.590 of 2009. For the sake of brevity, I would like to refer parties to the present Petition in their original capacity as the complainant and the accused.
4. Respondent No.2/complainant filed the Criminal Misc. Application No.590 of 2009 and prayed for investigation under Section 156(3) of the Code of Criminal Procedure for the offence under Sections 420, 465, 468, 471, 506(2) of I.P.C. According to the complainant, in the year 1990, he purchased the immovable property bearing C.T.S. No.4700, admeasuring 1394.31 square mete
At the discharge stage, the court must assume the prosecution's materials are true and evaluate if they disclose all elements of the alleged offence.
The court affirmed that the burden of proving an alibi lies with the accused during trial, and the discharge application must be evaluated based on available material.
The main legal point established in the judgment is that the court must consider the existence of grounds for charges against the accused before framing charges, and the lack of prima facie evidence ....
(1) Revisional power cannot be exercised in a casual or mechanical manner.(2) Plea of alibi is a matter of trial.
The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
A mere breach of contract does not amount to cheating under Section 420 IPC unless there is evidence of dishonest intention from the inception of the transaction.
The main legal point established in the judgment is the need to carefully consider the allegations of cheating and fraud, particularly in cases involving multiple parties and complex transactions. Th....
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
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