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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJAY KUMAR SINGH
Ajay Mishra – Appellant
Versus
Central Bureau of Investigation – Respondent
Sanjay Kumar Singh, J.
INDEX
| Contents |
| Factual matrix of the case |
| Contents of F.I.R |
| Charge-sheet |
| Cognizance |
| Discharge Application |
| Charges |
| Submissions on behalf of applicants |
| Judgements relied upon on behalf of applicants |
| Submissions on behalf of C.B.I |
| Judgements relied upon on behalf of C.B.I |
| Discussion of relied upon judgments |
| Analysis |
| Outcome of Analysis |
1- This application under Section 482 of the Code of Criminal Procedure (hereinafter referred as Cr.P.C.) has been filed by the applicants Ajay Mishra and M/s. Infolink Consultancy Service Pvt. Ltd. Lucknow through its Director, Ajay Mishra for quashing of the impugned order dated 02.03.2024 passed by the Court of Special Judge CBI, Ghaziabad in Special Case No. 05 of 2017, arising out of Case Crime No. RC/DST/2014/A/0014 New Delhi under sections 120-B, 420 and 471 IPC & section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988, police station CBI/STF, New Delhi, whereby discharge application bearing No. 251 Kha under Section 239 Cr.P.C dated 02.03.2024 of the applicants has been rejected as well as the order dated 29.04.2024 whereby charges have been framed against the applicants.
2- Heard Mr. Tanveer Ahmad Mir, learned Senior Ad
The court emphasized that defendants, as private vendors, posed no criminal liability under public servant provisions unless concrete evidence proves involvement in a conspiracy or corrupt practices.
At the stage of framing the charge, the truth, veracity, and effect of the evidence proposed by the prosecutor are not meticulously judged.
In tender-related fraud cases, a conspiracy can be inferred from circumstantial evidence, allowing for charge framing even without direct evidence.
The main legal point established in the judgment is that conspiracy can be proven by circumstantial evidence, and the material on record must be evaluated to determine the existence of the ingredient....
The need for a demand or request for a valuable thing or pecuniary advantage from the public servant to establish an offence under Section 13(1)(d) of the Prevention of Corruption Act, 1988.
The court confirmed that sufficient prima facie evidence exists to continue criminal proceedings for conspiracy and corruption, reinforcing the High Court's cautious exercise of inherent powers under....
Procedural violations in public procurement can constitute criminal misconduct under the Prevention of Corruption Act, highlighting the need for transparency and adherence to regulations in awarding ....
The judgment emphasizes the need for expedited trials concerning offences under the Prevention of Corruption Act, 1988 and highlights the principles to determine whether a prima facie case is made ou....
The trial court is required to exercise its judicial mind to determine whether a prima facie case against the accused has been made out and must evaluate the materials produced by the prosecution for....
The main legal point established in the judgment is that the violation of financial rules, sham tender process, and evidence of conspiracy to favor a specific contractor constituted a prima facie cas....
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