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BIBEK CHAUDHURI
Chandra Mohan Choudhary – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – Both the Criminal Revisions are directed against an order, dated 14th of August, 2014, passed by the learned Special Judge, Vigilance, Patna in Special Case No. 01 of 2006, arising out of Vigilance P.S. Case No. 5 of 2006, whereby and whereunder, the petitions filed by the above-mentioned Petitioners under Sections 239 of the Cr.P.C., were rejected.
2. At the outset, it is necessary to record the following facts of Vigilance P.S. Case No. 05 of 2006.
On 16th of January, 2006, one Mahanand Prasad Yadav, Mukhiya of Udhampur Gram Panchayat, District-Supaul, lodged a complaint before the Additional Director General of Police, Vigilance Investigation Bureau (VIB), Patna (hereinafter described as “VIB”), alleging, inter alia, that the Office Clerks attached to the office of the Deputy Development Commissioner, Supaul, namely, Bachaneshwar Jha and Chandrahas Verma demanded Rs. 1,000/- per house from the above-mentioned complainant for allotment of funds to his Panchayat for construction of houses under Indira Awas Yojana. It was reported by the informant that there were 339 beneficiaries in his Panchayat area, who were entitled to get monetary assistance under Indira A
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
At the charge framing stage, prima facie evidence must substantiate serious suspicion; the trial court is not to weigh evidence but must proceed based on materials presented by the prosecution.
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 main legal point established in the judgment is that defects in the framing of charges can be considered as a mere irregularity and can be cured by the trial court, as long as no prejudice has be....
A mere recovery of currency notes is insufficient to establish bribery charges under the Prevention of Corruption Act without proven demand; the court evaluates only whether a prima facie case exists....
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