At the charge-framing stage, the court must determine if sufficient grounds exist for proceeding against the accused without conducting a detailed evidence review, focusing solely on prima facie material.

JUDGMENT

Yogesh Khanna, J. This petition is filed with the following prayers;

"A. Call for records and quash and set-aside impugned orders dated 29.10.2021 passed by the court of Principal District and Session Judge (PC Act) (CBI), Rouse Avenue Court, New Delhi, order dated 28.01.2020 passed by the court of Addl. Session Judge, Chandigarh and order framing charges dated 31.01.2020 passed by the Addl. Session Judge, Chandigarh and consequent framing of formal charges dated 31.01.2020 in case FIR no. 194/2017 dated 19.09.2017 u/s 409/420/120B/201 IPC & Section 8/9/13(1) (d) r/w 13 (2) PC Act, PS. 03 (SIT), District Chandigarh."

2. The brief facts are: a final report was presented under Sections 8/9/13(1)(d) read with Section 13(2) of Prevention of Corruption Act and under Sections 409/420/120B/201 IPC against nine accused person, including the present petitioner. The allegations are the exam of HCS (Judiciary) (Preliminary)-2017 was fixed on 16.07.2017. Balwinder Kumar Sharma was the custodian of paper being Registrar (Recruitment), High Court of Punjab and Haryana, Chandigarh. He handed over the question paper to one Sunita, a candidate for said exam. Accused Balwinder Kumar Sharma had close and long association with accused Sunita. She further gave the paper to another candidate namely Sushila. Both Sunita and Sushila got top positions in General category and in reserved category respectively. Accused Sunita was staying at Radha Krishan Temple, Sector-8, Chandigarh while accused Ayushi was also residing there, but in a different room. Both Sunita and Ayushi became friends and started residing in a single room as roommates in the said Mandir. Accused Sunil Kumar Chopra who provided accommodation to accused Sunita and Ayushi, failed to maintain record of temple rooms and of visitor's. He also allegedly got removed all articles from the room of Sunita and Ayushi prior to raids. Accused Balwinder Kumar Sharma used to visit temple to see Sunita and Ayushi. Kuldeep Singh, being step brother of Sunita when came to know Sunita was having question paper tried to arrange candidates to whom it could be sold. But then on knowing authorities had come to know about leakage of paper he removed articles from the room of accused Sunita. Tejinder Bishnoi being one of such candidates, to whom paper was allegedly sold, stood second in General category. Subash Chander Godara is father of Ayushi and whereas Sushil Bhadu is maternal uncle of Ayushi. Ayushi arranged candidate Tejinder Kumar Bishnoi/petitioner herein through Subhash Chander Godhara and Sushil Bhadu. There is evidence of money transaction from the bank account of Tejinder Bishnoi to the bank account of father of Sushil Bhadu and withdrawal of such money by Sushil Bhadu. It is alleged all accused namely Balwinder Kumar Sharma, Sunita, Sushila, Ayushi, Sunil Kumar Chopra, Kuldeep Singh, Subash Chander, Sushil Bhadu and Tejinder Bishnoi conspired for leakage and selling/purchase of the question paper.

3. The whole matter surfaced when one candidate namely Suman, came to know from Sushila that Sunita is having a leaked question paper, a day before exam. The complainant Suman then met Sunita and Sushila at Sector 17, Chandigarh but their deal could not mature. The complainant then filed a petition in the Hon'ble High Court and her husband Manoj filed a complaint in the Hon'ble High Court, when Suman found the same questions as were disclosed by Sushila were in the question paper, which Sushila had allured her to purchase.