Back
B. N. KARIA
STATE OF GUJARAT – Appellant
Versus
AFROZ MOHMED HASANFATTA – Respondent
JUDGMENT :
B.N. KARIA, J.
Criminal Revision Application No. 536 of 2021
1. The present applicant-State of Gujarat, by preferring this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.” for short), has challenged the order dated 16.04.2021 passed by the learned Principal District and Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 181 of 2017 below Exh.56 by discharging the respondent herein from the charges levelled against him.
2. The short facts of the present case may be referred as under:
The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
The court emphasized the importance of proving charges beyond reasonable doubt and considered the repayment of the dues by the accused and the expressed intention of the complainant to withdraw the c....
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 court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
The extent of exercise of discretion by Court is limited to prima facie satisfaction of Court and if Court does not find reasonable grounds of suspicion against the Accused, it may discharge him of o....
At the charge framing stage, prima facie evidence must substantiate serious suspicion; the trial court is not to weigh evidence but must proceed based on materials presented by the prosecution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
