ANSHUMAN
Chandra Mohan Choudhary – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard the learned counsel for the petitioners and the learned counsel for the Vigilance.
2. These Criminal Revisions have been filed for setting aside the order, dated 14.08.2014, passed by the Special Judge, Vigilance Trap, Patna, in Special Case No. 01 of 2006 arising out of Vigilance P.S. Case No. 5 of 2006.
3. The petitioners of both the criminal revisions are made accused in the said case. The petitioner of Criminal Revision No. 826 of 2014 (Shri Chandra Mohan Choudhary) was working as the Deputy Development Commissioner, Supaul, and petitioner of Criminal Revision No. 834 of 2014 (Shri Mundrika Choudhary) was working as the Director, District Rural Development Authority, Supaul, at the relevant time of lodging the first information report.
4. Counsel for the petitioners submits that as per the prosecution, the informant’s allegation was that the Office Clerk of the Deputy Development Commissioner, Supaul, was demanding Rs.1,000/- per house for allotment of work to his Panchayat for construction of houses under Indira Awas Yojna and according to him total 339 beneficiaries of Chhatarpur Panchayat were forwarded to the Deputy Development Commissioner, Supaul, fo
The court affirmed that directing a complainant to deal with an alleged bribe collector constitutes sufficient prima facie evidence of complicity in corruption under the Prevention of Corruption Act.
At the plea for discharge stage, the court evaluates if there is prima facie evidence supporting the allegations, without delving into evidentiary merits, allowing for the continuation of proceedings....
The court emphasized the necessity for prima facie evidence to proceed with a trial, underscoring that discharge petitions cannot be granted based solely on the weakness of co-accused confessions.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 12 of the Prevention of Corruption Act, 1988, regarding abetment of offences punish....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.