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AVANINDRA KUMAR SINGH, SHEEL NAGU
Anukul Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Singh, J. -- 1. This revision has been filed by the applicant under section 397 read with section 401 of the Code of Criminal Procedure (for short “Cr.P.C.”) against order dated 06.5.2023 passed by the Special Judge (Lokayukt), Jabalpur in Special Case No.07/2022 whereby his application under section 227 of Cr.P.C. has been dismissed.
2. As per prosecution case the applicant/accused was caught in trap for accepting bribe of Rs.10,000/- on 13.5.2019 and a consequence thereof Crime No.93/2019 was registered against him. Charges for offences under sections 7(A), 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the “Act”) have been framed against the applicant. It is further averred that case of the prosecution is false and it has carelessly and negligently investigated the matter. On on 13.9.2022 the applicant has filed an application (Annexure-A/2) under section 227 of the Cr.P.C. for being discharged of the charges under sections 13(1)(b) and 13(2) of the Act on the ground that mandatory procedure as prescribed under the Cr.PC. has not been followed while submitting final chargesheet. It is stated that as per section 173(2) of Cr.P.C. it
The judiciary must uphold statutory safeguards in charge framing, ensuring independent judicial reasoning and preserving defendants' rights under Articles 14 and 21 of the Constitution.
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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 ....
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