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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
P.N. Archana – Appellant
Versus
Inspector of Police, Central Bureau of Investigation, Bangalore – Respondent
ORDER :
1. The petitioner/A7 in C.C. No. 6 of 2023 filed a discharge petition under Section 239 of Cr.P.C in Crl. M.P. No. 3645 of 2024 in C.C. No. 6 of 2023 before the learned XI Additional Special Court for CBI Cases (CBI Cases Relating to Banks and Financial Institutions), Chennai (Trial Court). The Trial Court, by order, dated 19.11.2024 dismissed the above said petition, against which, the present criminal revision case is filed.
2. The submissions of the learned counsel for the petitioner is as follows:
(i) The learned counsel for the petitioner submitted that the respondent filed final report for offence under Sections 120B r/w 409, 420, 468 and 471 of IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (In short “PC Act”) against the petitioner and eleven others without any legal evidence. To prove the charges under Sections 468 and 471 IPC, the basic requirement is that there should be false document as defined under Section 464 IPC. In the present case, four documents projected against the petitioner LD157 to LD160 but the prosecution not produced the original documents or certified copies of LD157 to LD160, hence the question of framing of charges under
The court upheld the dismissal of a discharge petition, confirming sufficient prima facie evidence for charges of conspiracy, misappropriation, and cheating in a bank fraud case.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
The court affirmed that the efficacy of framing charges relies on the existence of sufficient prima facie evidence, without requiring deep merits assessment at the initial stage.
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.
The court upheld the necessity for prima facie evidence when framing charges, emphasizing that mere allegations are insufficient without supporting documentation.
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