Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Sanjay Kumar Dalmia, son of Late Gopi Krishna Dalmia – Appellant
Versus
State of Jharkhand through A.C.B. – Respondent
JUDGMENT :
(SUJIT NARAYAN PRASAD, J.)
1. The instant petition filed under Section 438 and 442 of Bhartiya Nagarik Suraksha Sanhita, 2023 is directed against the order dated 03.06.2024 passed by the learned Special Judge, A.C.B. at Chaibasa in Misc. Criminal Application No. 1536 of 2023 in connection with Vigilance Case No. 08 of 2020 whereby and whereunder, the application filed by the petitioner seeking discharge has been rejected.
Factual Matrix:
2. The brief facts of the case as per the pleading made in the instant petition which requires to be enumerated herein, read as under:
The petitioner had been made accused in Seraikella P.S. Case No. 118 of 2019 which was instituted for an offence under Sections 419, 420, 406, 409, 467, 468, 471, 472, 120-B/34 of the Indian Penal Code on the basis of a typed report as contained in Letter No.95 dated 21.08.2019 written by Pradeep Kumar Samal, Branch Manager, Jharkhand State Co-operative Bank Limited, Seraikella wherein he has stated that former Branch Manager Sunil Kumar Satpathy in collusion with the petitioner has defalcated a huge amount of bank money through irregular loans in violation of provision of loan manual as reported by the Bank's
At the discharge stage, the court must determine if there is sufficient ground for proceeding against the accused based on the prosecution's evidence, without conducting a mini-trial.
Criminal breach of trust and forgery by Bank officer – Mere depositing defalcated amount subsequently, does not exonerate accused/petitioner from charge of commission of offence which has been ultima....
At the stage of considering a discharge application, the court must assume the truth of the prosecution's evidence and determine if there is sufficient ground for presuming that the accused has commi....
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....
At the stage of framing charges, the court must evaluate the material and documents on record to determine if the facts disclose all the ingredients constituting the alleged offence. The court has th....
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
Discharge of accused – Court is only to confined as to whether a prima facie case is made out or not – No defence on merits is to be considered at the time of framing charge and / or at stage of deci....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
