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MANJU RANI CHAUHAN
Dinesh Kumar Agarwal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Syed Imran Ibrahim, learned counsel for the appellant and Mr. Amit Singh Chauhan, learned AGA for the State-respondent.
2. The present criminal appeal under Section 14A(2) of SC/ST Act, 1989, has been filed challenging the order dated 07.10.2023 passed by learned Special Judge, SC/ST Act, Mathura, in S.S.T. No.1999 of 2016 (State vs. Dinesh Kumar Agrawal), arising out of Case Crime No.374 of 2014, under Sections 420, 467, 468, 471 IPC and Sections 3(1)IX SC/ST Act, Police Station-Highway, District-Mathura.
3. Brief facts of the case; that an FIR has been lodged through an application u/s 156(3) Cr.P.C. by Dwarika Prasad S/o Bhoop Singh against the appellant with the allegations that Bhoop Singh was owner of Khasra No.97, Gata No.67, situated at Village-Nawada, District-Mathura along with Kishan Singh and Dwarika Prasad. The eyes of the appellant was on this property and he wanted to purchase the same in less value, for which he pressurized Bhoop Singh father of the informant. He also used caste indicative words in order to take the property in question. When Bhoop Singh was alive, partition of the property was done and as per the mutual co
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
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....
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
The trial judge is expected to exercise judicial mind to determine whether a case for trial has been made out, and the duty of the trial court to apply its mind at the time of framing charges and not....
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
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....
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