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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Arvind Kumar Tiwari Son of Late Sitaram Tiwari – Appellant
Versus
State of Bihar through the Special Vigilance Unit, Patna. Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard Mr. Rajesh Kumar Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Rana Vikram Singh, learned Law Officer appearing on behalf of the Department of Vigilance.
2. This application has been preferred under section 482 of the Code of Criminal Procedure (in short, the “Cr.P.C.”) for quashing the order dated 31.05.2024 as passed by the court of Special Judge, Vigilance, Patna in Special Case No. 2 of 2025, arising out of S.V.U. P.S. Case No. 1 of 2024, whereby and whereunder learned trial court has been pleased to take cognizance against the petitioner for the offence under Section 7 of the Prevention of Corruption Act (hereinafter referred to as the ‘P.C. Act’) and also to quash the order dated 12.12.2024 (through I.A. No. 01 of 2025), through which learned Vigilance Court framed charge under section 7 of the P.C. Act against the petitioner.
3. The brief facts of the prosecution as per First Information Report (in short, the ‘F.I.R.’) state that the informant namely, Santosh Kumar (opposite party no. 2) made his application dated 08.02.2024 to the Superintendent of Police, Special Vigilance Unit, Bihar, Patna, alleging there
At the charge framing stage, courts must accept prosecution materials as true without conducting a mini-trial, determining only if prima facie evidence exists to proceed.
At the charge framing stage, the court assesses whether a prima facie case exists, focusing on the allegations rather than the proof of guilt.
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....
At the charge framing stage, only a prima facie case needs to be established, without detailed examination of evidence.
At the stage of framing charges, the court must evaluate the material and documents on record to determine if the facts disclose all the ingredients constituting the alleged offence. The court has th....
Criminal breach of trust and forgery by Bank officer – Mere depositing defalcated amount subsequently, does not exonerate accused/petitioner from charge of commission of offence which has been ultima....
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 ....
The court upheld the trial court's decision to frame charges, emphasizing that only a prima facie case is required at this stage, not proof beyond reasonable doubt.
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