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AMIT SHARMA
Shabbir Malik – Appellant
Versus
State – Respondent
JUDGMENT :
AMIT SHARMA J.
1. The present petition under Section 482 Cr.P.C., seeks setting aside of the order dated 31.03.2014 passed by Mr. Praveen Kumar, Special Judge, PC Act, CBI-III, Rohini Courts, Delhi in Criminal Revision Petition no. 04/2017 arising out of FIR No. 221/2008 under Sections 408/420/506/120-B IPC, registered at PS Sultanpuri.
2. The impugned order passed by the learned Special Judge allowed the revision petition filed by respondent no. 2 herein, against an order on charge dated 16.12.2013 passed by Sh. Sumedh Kumar Sethi, learned Metropolitan Magistrate, North-West, Rohini, Delhi whereby the said respondent alongwith other co-accused persons were charged for the offence under Section 506 of IPC.
3. The relevant facts for the adjudication of the present petition are as follows:
The charge should be considered groundless only if there is no basis or foundation in evidence.
At the charge stage, the court must identify a prima facie case based on evidence present, disregarding minor contradictions in witness testimony.
Criminal intimidation requires specific threats intended to induce alarm; general expressions of sympathy do not establish the basis for charges under relevant sections of IPC.
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....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
Criminal Revision – Scope of - Court while exercising its jurisdiction under Section 397/401 Cr.P.C. cannot substitute its own conclusion to the one arrived at by the Courts below.
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
The main legal point established in the judgment is the abuse of criminal proceedings in a civil dispute and the requirement to consider whether a prima facie case is made out and whether the proceed....
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