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DELHI HIGH COURT
YOGESH KHANNA
Tejinder Bishnoi – Appellant
Versus
Union Territory Chandigarh (State) – Respondent
| Table of Content |
|---|
| 1. allegations of exam paper leakage. (Para 2) |
| 2. discovery of leaked exam paper leads to petition. (Para 3) |
| 3. court's opinion on sufficiency of evidence. (Para 4) |
| 4. arguments regarding evidence against the petitioner. (Para 5) |
| 5. legal standards for framing charges discussed. (Para 6) |
| 6. evaluating evidence for prima facie case. (Para 10) |
| 7. court finds sufficient evidence for charges. (Para 14) |
| 8. petition dismissed due to inaction and delay. (Para 15 , 16) |
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
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 mate....
Charges cannot be framed based solely on suspicions; there must be prima facie evidence, not mere presumption, to substantiate allegations against an accused.
At the discharge stage, the court must determine if there is sufficient ground for proceeding against the accused based on the prosecution's evidence, without conducting a mini-trial.
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 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....
Judge while considering question of framing charge has power to sift and weigh evidence for the limited purpose of finding out whether or not a prima facie case against accused has been made out.
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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