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SANDEEP KUMAR
Ranjit Kumar Rajak Son Of Late Mahendra Prasad Rajak – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. This application has been filed for quashing the final form vide charge sheet no. 14/2022 dated 13.09.2022 submitted in a case being Economic Offence Unit P.S. Case No. 20/2022 registered under Sections 420, 467. 468, 120B of the Indian Penal Code, Section 66 of the Information and Technology Act and Section 3/10 of the Bihar Examination Control Act.
3. As per prosecution, a written report before the Dy. S.P.-cum-Station House Officer, Economic Offence Police Station, Patna stating that 67th Combined Competitive Preliminary Examination was scheduled on 08.05.2022. The E.O.U., Bihar, Patna received information that the question paper was made viral on social media even before the examination started. It was further informed that candidates at the examination centre, Veer Kunwar Singh University, Bhojpur, boycotted the examination. The pictures of question paper, OMR Sheet and many videos are viral in this regard. It was further disclosed that copy of question paper has already been sent to Controller of Examination, Bihar Public Service Commission. Therefore, an F.I.R. was lodged against unknown group for making the question paper
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Insufficient prima facie evidence against an accused is grounds for discharge under Section 239 of the CrPC, emphasizing the need for concrete evidence over mere suspicion.
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 charge framing stage, the court must determine if a prima facie case exists based solely on the prosecution's evidence, without conducting a detailed trial.
At the charge framing stage, the trial court must establish a prima facie case based on the prosecution's evidence without detailed scrutiny, ensuring a reasoned decision.
A Magistrate under Section 227 Cr.P.C. must judicially evaluate materials to determine if 'grave suspicion' exists against each accused, rather than acting as a mere conduit for the prosecution, espe....
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.
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