Framing of Charges | Investigation into Offence & Elaborate Appreciation of Evidence Discouraged, Only Prima Facie Material Significant
Case: Central Bureau Of Investigation V. Prem Bhutani & Anr
Coram: Justice Chandra Dhari Singh
Case No.: CRL.REV.P. 406/2019
Court Observation: “The Judge need not be satisfied on the question of whether the trial, when conducted, will lead to the conviction or acquittal of the accused, but the consideration needs to be whether the accused is to be sent for trial at the first instance or not, based on the material on record. An investigation into the offence and elaborate appreciation of evidence is not required, and is rather discouraged, at the stage of framing of charges and only the material prima facie establishing a case against or in favour of the accused is what is significant,”
“It is also an admitted fact that the said funds were arranged by the respondents at the instance of Mr. Yashpal Sachdeva and Mr. Sushil Chhabra, who were the members of the society actively involved in the conspiracy. The association of the respondents with the other accused was during the period when the said conspiracy was being steered. Therefore, appreciating the evidence on its face value, it can be reasonably said that there was a meeting of mind between the respondents and other accused, since, from March 2003 till September 2003 they were in correspondence with each other for fulfilling the objective of their criminal conspiracy,”
“Accordingly, the impugned Order dated 23rd October, 2018, passed by Special Judge, CBI-01, PC Act, North West, Rohini, Delhi in CBI Vs. Narayan Diwakar etc., CBI No. 122/2016, is set aside with respect to the observations made qua the present respondents discharging them. The instant matter is remanded back to the learned Special Judge, CBI-01, PC Act, North West, Rohini, Delhi with directions to pass a fresh Order qua the respondents, in accordance with the observations made hereinabove, the material on record before it as well as in accordance with law,”
Previous Posts
No COVID Patient Should Be Denied Hospital Admission For Lack Of Local Address Proof Download Judgement
Keywords
