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TUSHAR RAO GEDELA
Prem Bhutani – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Tushar Rao Gedela, J. -
[ The proceeding has been conducted through Hybrid mode ]
1. This is a petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") challenging the impugned orders on charge dated 31.10.2018 and framing of charges dated 04.12.2018 by the learned Special Judge (PC Act), North-West District, Rohini in CBI Case No. 53/2016 titled "CBI vs. Sri Chand & Ors".
2. The brief facts as per the case of prosecution culled out from the Status Report of the respondent is extracted hereunder:-
"2.1 That the instant case was registered by the Respondent-CBI on 25.10.2006 upon directions issued by this Hon'ble Court passed in Writ Petition (Civil) No. 10066 of 2004. This case was registered in SCR-II branch, CBI against Srichand (A-1) Anna Wankhede (A-2), Mohan Lal (A-3) Prahald Kumar Thirwani (A-4) and other unknown persons for the commission of offences u/s 120-B r/w 419, 420, 468, 471 IPC and Section 13(2) read with 13(1)(d) of the PC Act.
2.2 That Arvind Cooperative Group Housing Society Limited was registered on 31.03.1973 with 53 promoter members vide registration No. 158
Point of law: As per the requirement of Section 227 and 228 of the Cr.P.C., the learned Judge shall consider whether “sufficient grounds” exist or not and such consideration shall be supported by mat....
Investigation into offence and elaborate appreciation of evidence is not required, and is rather discouraged, at stage of framing of charges and only material prima facie establishing a case against ....
Participation in a conspiracy includes subsequent involvement in acts that further the conspiracy's objectives; the court relies on prima facie evidence when framing charges.
In its revisional jurisdiction will not proceed into the enquiry of the records, documents and other evidence in consideration before the learned Special Judge, but shall constrain itself to the find....
A public servant cannot be prosecuted for IPC offences without prior sanction under Section 197 Cr.P.C., especially when no evidence substantiates allegations of conspiracy or dereliction of duty.
At the stage of framing charges, the court is required to evaluate whether there is a ground for presuming that the offence has been committed, without delving into the probative value of the materia....
At the stage of framing charges, the court is required to evaluate the material on record to determine whether there is a ground for presuming that the offence has been committed, and not whether a g....
Point of Law : Hon’ble Supreme Court has observed that at stage of framing of charge, trial court is not to examine and assess in detail material produced by prosecution nor to consider sufficiency o....
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....
Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of co....
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