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CHANDRA SHEKHAR JHA
Manoj Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard Mr. Rana Vikram Singh, learned counsel appearing for the petitioner and Mr. Parmeshwar Mehta, learned A.P.P. for the State duly assisted by Mr. Shailendra Kumar Singh, learned counsel for the O.P. No. 2/B.S.F.C.
2. The present application has been filed by the petitioner for setting aside the order dated 15.12.2023 passed by 9th/3rd Additional District and Sessions Judge, Madhubani in Criminal Revision No.274 of 2023, whereby the learned trial court has affirmed the order dated 21.09.2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur and rejected the revision application of the petitioner as well as for quashing the cognizance order dated 21.09.2023 passed by learned Sub Divisional Judicial Magistrate, Jhanjharpur, through which learned Jurisdictional Magistrate has taken cognizance under Sections 409, 420 and 120-B of the Indian Penal Code (in short ‘I.P.C.’) and Section 7 of the Essential Commodities Act, 1955 (in short ‘E.C. Act’) in connection with Ghoghardiha P.S. Case No.51 of 2019 registered for the offence punishable under Section 409/34 of the I.P.C. and Section 7 of the E.C. Act.
3. The prosecution, in short, that one Om Pra
At the stage of considering charges, the accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of Criminal Procedure cannot be used for a mini trial.
Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
In disciplinary proceedings, penalties must align with proven charges; failure to establish misconduct can lead to modifications of imposed penalties.
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