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2022 Supreme(Raj) 800

FARJAND ALI
H. G. Grover S/o Shri Kesar Das – Appellant
Versus
State Of Rajasthan, Through The Pp – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vineet Jain, Sr. Adv. assisted by Mr. Rajiv Bishnoi, Mr. Aidan Choudhary, Mr. Yuvraj Singh Mertiya
For the Respondent: Mr. M.A. Siddiqui, Mr. A.R. Malkani

JUDGMENT :

1. The instant revision petition has been filed by the petitioner under Section 397 r/w Section 401 Cr.P.C. against the order dated 03.08.2022 passed by the learned Special Judge (Prevention of Corruption Act), No.2, Udaipur in Sessions Case No.194/2019 whereby an order framing charge has been passed against the petitioner under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and under Sections 420, 467, 468, 471 & 120-B of the IPC.

2. Learned counsel for the petitioners submit that the impugned order is not sustainable in the eyes of law on the sole count that the learned Court below has not applied its mind to see whether the elements essential to constitute the alleged offences are present or not in the charge sheet filed by the prosecution. Learned counsel further submit that to inflict a charge upon an accused under Section 420 of IPC, prima facie there must, at the least, be an iota of evidence to prove the dishonest intention of the accused persons to induce the complainant party to believe certain things and the complainant-state should have acted under the influence of that inducement and thus, incurred huge loss. The inducement must be dishonest a

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