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J. C. DOSHI
Chirala Sesha Srinivas – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (CAV)
A. Prologue:—
At the inception, the present petition was instituted seeking conversion of Criminal Revision Application No. 417 of 2013 into a Writ Petition under Article 226 of the Constitution of India. The Coordinate Bench of this Court, vide order dated 7.11.2024, was pleased to pass the following direction, which reads thus:–
“The learned counsel for the petitioner states that the revisionist will convert this revision application into a writ petition under Article 226 of the Constitution of India in view of the fact that the real culprits are not booked by the investigating agency. He contends that the petitioner therefore intends to make appropriate prayer in the writ petition. Accordingly, to enable the learned counsel to carry out the aforesaid exercise, the matter is adjourned to 21% November, 2014.”
2. In view of the foregoing order and the consequent conversion of the Criminal Revision Application into a Special Criminal Application under Article 226 of the Constitution of India, petitioners now pray for the following substantive reliefs:
“a. That this Hon’ble Court will be pleased to admit and allow this Special Criminal Application;
b. That this Hon
A ground which is not canvassed in pleadings cannot be permitted to be urged across the Bar.
The Court can exercise inherent powers under Section 482 Cr.P.C. to quash F.I.Rs when no prima facie case is made out.
Charges under Section 12 of the Prevention of Corruption Act require a substantive offence to be present and can be altered by the court before judgment, according to legal precedents.
The power of the judge to sift and weigh the evidence for finding a prima facie case against the accused and the presumption of the alleged offence against the accused are crucial legal principles es....
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....
At the stage of framing of charge and/or considering discharge application, mini trial is not permissible. Defence on merits is not to be considered at the stage of framing of charge and/or at stage ....
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