Back
SUBHASH CHAND
Kamini Mohan Mehra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Special P.P. for the State.
2. The present criminal revision has been preferred against the order dated 17th January, 2023 passed by the learned S.D.J.M., Khunti in Murhu P.S. Case No.85 of 2019, whereby the discharge petition under Sections 239 and 240 of the Cr.P.C. filed by the petitioner has been rejected.
3. The brief facts leading to this criminal revision are that the informant had given a written information with the police station concerned with these allegations that he was account holder of saving bank account no.31484484727 in Murhu Branch District Khunti from which the amount of Rs.35 lakhs was transferred unauthorizedly in the bank account of Sanjay Kumar Kundu s/o Late Manna Kasera Main Road, Murhu District Khunti bearing A/c No.32241683733. The said amount of Rs.35 lakhs was withdrawn by Sanjay Kumar Kundu in three installments i.e., Rs.15 lakhs on 27th February, 2019, Rs.13 lakhs on 28th February, 2019 and Rs.7 lakhs on 1st March, 2019 and ultimately on 2nd April, 2019 Sanjay Kumar Kundu has closed his bank account. The matter was disclosed on 26th September, 2019 when the account holder, namely, Mithi
Criminal breach of trust and forgery by Bank officer – Mere depositing defalcated amount subsequently, does not exonerate accused/petitioner from charge of commission of offence which has been ultima....
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
At the stage of considering a discharge application, the court must assume the truth of the prosecution's evidence and determine if there is sufficient ground for presuming that the accused has commi....
word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
At the discharge stage, the court must determine if there is sufficient ground for proceeding against the accused based on the prosecution's evidence, without conducting a mini-trial.
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
The court upheld the rejection of a discharge application, emphasizing that a prima facie case must exist without conducting a mini-trial, affirming the principles of evidence evaluation at the disch....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
