HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
Abdul Kalam Farukhi S/o Sh. Abdul Kadir – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant revision petition has been filed by the petitioner against the order dated 17.11.2022 passed by learned Special Judge (Prevention of Corruption Act) Cases, Sriganganagar whereby, the trial court framed charges against the petitioner for offences under Section 7 of the Prevention of Corruption Act and Section 120-B IPC.
2. Brief facts of the case are that an FIR No. 265/2019 came to be registered by P.S. ACB, Jaipur against the petitioner and co- accused Ramswaroop for offence under Sections 7, 8 of Prevention of Corruption Act and Section 120B IPC on the basis of complaint made by complainant Arvind Kumar. It was alleged that the co- accused Ramswaroop had demanded bribe of Rs.20,000/- on behalf of petitioner for passing the tender under Bus Saarthi Yojana. After verification, the ACB laid a trap on 30.08.2019 and during the trap proceedings, the co-accused Ramswaroop was caught red handed. During investigation, the petitioner was also arrested. After investigation, the ACB submitted chargesheet against the petitioner under Section 7 of Prevention of Corruption Act & 120B IPC. Thereafter, arguments upon charge were heard and by way of impugned order dated 17.11.202
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 court upheld the trial court's decision to frame charges, emphasizing that only a prima facie case is required at this stage, not proof beyond reasonable doubt.
At the charge framing stage, only a prima facie case needs to be established, without detailed examination of evidence.
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.
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....
The necessity of proving demand for illegal gratification and mutual agreement in conspiracy is essential for framing charges under the relevant provisions.
At the charge framing stage, courts must accept prosecution materials as true without conducting a mini-trial, determining only if prima facie evidence exists to proceed.
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....
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
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