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MANISH CHOUDHURY
Lima-Anglaao @ Limangla @ Limainla @ Limangala – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
The present criminal revision petition is preferred under Section 397 read with Section 401 and Section 482, Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] and Article 227 of the Constitution of India by the petitioner, being aggrieved by dismissal of her application, I.A. no. 181 of 2023 preferred under Section 239, CrPC by the learned Judicial Magistrate, First Class, Kohima by an Order dated 07.12.2023.
2. The petitioner who has been charge-sheeted as an accused, B-5 in G.R. Case no. 80 of 2016, arising out of State Crime Police Station Case no. 1 of 2016, preferred the application, I.A. no. 181 of 2023 under Section 239, CrPC seeking her discharge as an accused, B-5 in G.R. Case no. 80 of 2016. By the Order dated 07.12.2023, the learned Judicial Magistrate, First Class, Kohima [‘the trial court’, for short] after hearing the learned counsel for the parties, dismissed the said application for discharge and thereafter, proceeded to frame charges against the petitioner as an accused, B-5 in G.R. Case no. 80 of 2016 by an Order dated 06.05.2024. By the Order dated 06.05.2024, the learned trial court framed charges against the petitioner for the offences
The court ruled that the trial court properly dismissed the discharge application, finding sufficient evidence to frame charges against the accused for financial fraud.
The prosecution must prove entrustment and dishonest intent in offenses under sections 409 and 468 IPC, failure of which leads to acquittal.
The court will not discharge accused when a prima facie case exists for criminal charges, requiring trial to establish intent and responsibility.
The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.
The act of the petitioners in taking away the document was not part of their official duty, and thus, prior sanction for prosecution under Section 197 of the Cr.P.C. was not required. At the stage of....
A person cannot be charged with both cheating and criminal breach of trust for the same transaction; the prosecution must prove the specific elements of each offence beyond reasonable doubt.
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