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AJIT BORTHAKUR
Bimal Singh Kothari S/o Late Raichand Kothari – Appellant
Versus
Central Bureau of Investigation, New Delhi – Respondent
JUDGMENT :
AJIT BORTHAKUR, J.
1. Heard Mr. G.N. Sahewalla, learned Sr. Counsel appearing for the petitioners/accused. Also heard Mr. S.C. Keyal, learned Standing Counsel for the respondent No. 1/C.B.I. None appeared for the respondent No. 2/S.B.I.
2. This application under Section 482 Cr.P.C. is filed praying for setting aside and quashing the impugned order, dated 12.12.2018, passed by the learned Special Judicial Magistrate, Kamrup (M) at Guwahati in Special Case No. 4792/2003 and to discharge the petitioners/accused of the charges framed under Sections 120B/467/420 of the IPC.
3. The petitioners’ case precisely is that they are arrayed as accused persons in the Special Case No. 4792/2003 pending in the Court of learned Special Judicial Magistrate, Kamrup (M), Guwahati. The criminal case was launched based on a written complaint, dated 03.05.2002, filed by the respondent No. 2/State Bank of India, L.H.O. Guwahati before the Superintendent of Police of C.B.I./respondent No. 1, herein, whereupon Crime No. R.C. SIA-2002-E-0002, dated 06.05.2002 was registered. On completion of investigation, the respondent No. 1 laid a charge-sheet under Sections 120B/420 of the IPC against the present
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....
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....
The CBI has jurisdiction to investigate non-PC Act offences connected to PC Act offences, and the Chief Judicial Magistrate must commit cases for trial to the Sessions Court when a pardon is accepted....
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....
A legitimate prosecution cannot be stifled under Section 482 Cr.P.C., and the complainant had locus standi to set the law in motion.
A strong suspicion founded on material, which can be translated into evidence at trial, is sufficient to maintain an order on charge.
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....
The CBI does not require State consent for jurisdiction when the conspiracy is initiated outside the State, as established under Sections 5 and 6 of the DSPE Act.
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