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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA, J
Virendra Singh S/o Shri Bikh Singh – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. complaint initiated (Para 2) |
| 2. fir registered (Para 3 , 4 , 5 , 6) |
| 3. defense arguments presented (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 4. charges quashed (Para 46 , 47 , 48 , 49) |
Order :
2. The facts in brief of the case are that on 11.07.2019 informant Rajendra Singh Bidhudi submitted a complaint before the Inspector General of Police, Anti Corruption Bureau, Rajasthan, Jaipur, which is as under:-
3. On the basis of aforesaid information, reverse trap and recovery of amount given by Himanshu Agarwal to Tejpal, an FIR No. 289/2019 dated 27.09.2019 was registered at Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau, Jaipur, District Jaipur for the offences under Section 8, 12 of the Amended Act of 2018 read with Section 109 and 120B IPC .
5. The so-called co-accused Himanshu Agarwal filed a S.B. Criminal Misc. Petition No.119/2020 before the High Court seeking quashing of criminal proceedings. It was contended by Himanshu Agarwal that he was having transactions with Sidhanta Alumint Private Limited a
Charges must be supported by sufficient evidence; mere assumptions cannot justify the framing of charges under the Prevention of Corruption Act and IPC.
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
Charges under Section 12 of the Prevention of Corruption Act require a substantive offence to be present and can be altered by the court before judgment, according to legal precedents.
At the charge framing stage, the court assesses whether a prima facie case exists, focusing on the allegations rather than the proof of guilt.
The necessity of proving demand for illegal gratification and mutual agreement in conspiracy is essential for framing charges under the relevant provisions.
Point of Law : When the allegations against an accused do not constitute an offence, even if such allegations are presumed to be true, a Court can exercise its powers under Section 482 of the Code to....
The power of the judge to sift and weigh the evidence for finding a prima facie case against the accused and the presumption of the alleged offence against the accused are crucial legal principles es....
The High Court's jurisdiction to quash an order framing charges is limited to cases of patent error of jurisdiction and does not extend to re-appreciation of evidence or interference with the trial c....
At the charge framing stage, only a prima facie case needs to be established, without detailed examination of evidence.
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