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R. T. VACHHANI
Deep Rajendrakumar Shah – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (ORAL)
By way of filing the captioned revision application under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS, 2023), the petitioner seeks to challenge order dated 24.10.2024 passed below Exhibit-20 in ACB Special Case No.2 of 2024 by the Court of learned Special Judge (ACB) and Principle Session Judge, Junagadh whereby the said application filed under Section 239 of the Code of Criminal Procedure (for short seeking to discharge from the alleged charges came to be rejected.
Factual Matrix:
2. The case of the petitioner as emerging from the FIR are that on 19.01.2024, when original complainant was on duty, he received a letter dated 19.01.2024 from one Mr.Kartik Bhanderi that his account was freeze by Cyber Crime Cell Junagadh and when he requested to defreeze his account to accused no.1 and 3 as named in the FIR, they refused get his account defreeze and demanded Rs.25 Lacs in lieu of getting the account defreeze and thus complaint was registered followed by the inquiry. It is further alleged in the FIR that said Mr.Kartik Bhanderi tried to get defreeze his bank account and therefore, he called Cyber Crime Cell, Junagadh
Discharge of accused – Court is only to confined as to whether a prima facie case is made out or not – No defence on merits is to be considered at the time of framing charge and / or at stage of deci....
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
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....
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
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....
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.
Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of qua....
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....
The court must determine if there exists a prima facie case for framing charges without delving into the probative value of evidence at the discharge stage.
(1) At stage of consideration of an application for discharge, Court has to proceed with presumption that material produced by prosecution is true and evaluate such material with a view to find out w....
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