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SAMIT GOPAL
Sanjeev Nayan Mishra – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Samit Gopal, J.
1. Heard Sri Ayush Mishra, learned counsel for the revisionist, Sri P.K. Giri, learned Additional Advocate General and Ajay Singh, learned A.G.A.-I for the State of Uttar Pradesh and perused the material on records.
2. The present revision under Section 397/401 Cr.P.C. has been filed by the revisionist-Sanjeev Nayan Mishra, with the prayer to allow the present revision and set-aside the impugned order dated 14.08.2024 passed by Special Judge, Prevention of Corruption Act / Additional Sessions Judge, Meerut, in Criminal Case No. 08 / 146 arising out Case Crime No. 05 of 2020, under Section 13 (1) (b) r/w Section 13 (2) of Prevention of Corruption Amendment Act, Police Station Uttar Pradesh Vigilance Establishment, Meerut, Sector Meerut, with a further prayer to stay the effect & operation of the aforesaid impugned order, during the pendency of the present revision.
3. The present revision has been preferred against the order dated 14.08.2024 by which the trial court concerned has rejected the Application No. 53 Ka under Section 227 Cr.P.C. along with additional Application No. 57 Kha for discharge. Earlier the revisionist had approached this Court challengin
The court upheld the rejection of a discharge application, emphasizing that a prima facie case must exist without conducting a mini-trial, affirming the principles of evidence evaluation at the disch....
(1) No provision in Cr.P.C. grants any right to accused to file any material or document at the stage of framing of charge.(2) Revisional court cannot sit as an appellate court and start appreciating....
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
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....
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
Framing of charge – Even a very strong suspicion founded upon materials and presumptive opinion would enable Court to frame charge against accused.
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
The trial court's jurisdiction is limited, and it should not unduly interfere, and the exercise of revisional jurisdiction itself should not lead to injustice ex facie.
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