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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Mahendrabhai Devsinh Desai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. filing of applications related to fir. (Para 1 , 2 , 3) |
| 2. overview of consolidated petitions for decision. (Para 4 , 5) |
| 3. arguments regarding bona fide purchasers' defense. (Para 6) |
| 4. defense submission related to notary actions. (Para 7) |
| 5. submission regarding limited role of the lawyer. (Para 8) |
| 6. complainant's argument and evidence against the accused. (Para 9) |
| 7. status of pending relief claim in application. (Para 10) |
| 8. prosecutor's submission and need for no interference. (Para 11) |
| 9. court's duty to sift material before trial. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 10. discussion on discharge motions and required evidentiary standards. (Para 18 , 19 , 20 , 21) |
| 11. analysis of prior orders concerning discharge and material review. (Para 22 , 23 , 24 , 25 , 26) |
| 12. final directive for remanding discharge applications. (Para 27) |
| 13. conclusion of orders regarding applications and their status. (Para 28 , 29) |
JUDGMENT :
J.C. DOSHI, J.
1. I proposed to decide captioned petitions by this common judgment and order, as they are pertaining to selfsame FIR having involved similar issue.
2. In Criminal Misc. Application No.12202 of 2012 filed u/s 482 of the Code of Criminal Proced
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....
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
The court affirmed that the burden of proving an alibi lies with the accused during trial, and the discharge application must be evaluated based on available material.
(1) Revisional power cannot be exercised in a casual or mechanical manner.(2) Plea of alibi is a matter of trial.
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
At the discharge stage, the court must assume prosecution evidence is true and evaluate if it discloses necessary elements of the alleged offence, not the merits of the case.
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....
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
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