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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ganpat Sharma S/o Shri Chatru Lal Sharma – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. violation of procedural rights in charge framing (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding procedural compliance (Para 6 , 34) |
| 3. detailed scrutiny of charge framing procedures (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) |
| 4. need for adequate judicial reasoning in charge decisions (Para 31 , 32) |
| 5. order to remand for proper legal process (Para 35 , 36 , 37 , 38) |
ORDER :
1. By way of filing the instant revision petition, the petitioner calls in question the order dated 06.11.2025 passed by the learned Special Judge, Prevention of Corruption Act No. 1, Udaipur, in Special Sessions Case No. 46/2025 (State v. Ganpatlal Sharma & Anr.) arising out of FIR No. 157/2024, CPS ACB Jaipur, whereby charges have been framed against the petitioner under Section 07 of the Prevention of Corruption Act, 1988 (as amended in 2018) and Section 61(2) of the Bharatiya Nyaya Sanhita, despite gross violation of the mandatory provisions of Sections 230, 249, 250(1) and 250(2) of the BNSS, resulting in serious miscarriage of justice and infringement of the petitioner’s fundamental rights guaranteed unde
The judiciary must uphold statutory safeguards in charge framing, ensuring independent judicial reasoning and preserving defendants' rights under Articles 14 and 21 of the Constitution.
Criminal proceedings require substantial, corroborative evidence, and charge framing must reflect judicial application rather than mechanical adherence to procedural norms under the NDPS Act.
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.
At the charge framing stage, prima facie evidence must substantiate serious suspicion; the trial court is not to weigh evidence but must proceed based on materials presented by the prosecution.
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