Thursday, September 23, 2021
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe
Want create site? Find Free WordPress Themes and plugins.

Supreme Court quashes Rajasthan HC judgment says mini trial not permissible at the stage of framing charges

The plea has been filed by the State of Rajasthan challenging the order of the Rajasthan High Court in which the High Court had discharged the accused under Section 7 of the Prevention of Corruption Act.

Want create site? Find Free WordPress Themes and plugins.

The Supreme Court has quashed and set aside a judgment of the Rajasthan High Court discharging the accused under Section 7 of the Prevention of Corruption Act stating, “the High Court has exceeded in its jurisdiction in exercise of the revisional jurisdiction and has acted beyond the scope of Section 227/239 CrPC.”

The bench of Justice Dr. Dhananjaya Y. Chandrachud and Justice M.R. Shah noted, “The High Court was required to consider whether a prima facie case has been made out or not, and whether the accused is required to be further tried or not. At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible.”

The plea has been filed by the State of Rajasthan challenging the order of the Rajasthan High Court in which the High Court had discharged the accused under Section 7 of the Prevention of Corruption Act, quashing the order of the Special Judge framing charges under Prevention of Corruption Act.

The High Court discharged the charges while relying on the Transcript, whereas, the Supreme Court noted that the High Court has erred in evaluating the transcript/evidence on merits which at the stage of considering the application for discharge is not permissible.

The bench further observed, “While discharging the accused, the High Court has gone into the merits of the case and has considered whether on the basis of the material on record, the accused is likely to be convicted or not.”

The bench relying upon the Judgment of the Supreme Court in the case of P. Vijayan noted, “the High Court has erred and/or exceeded in virtually holding a mini trial at the stage of discharge application.”

Read Also: Allahabad HC Bar Association chief urges closure of court for 2 weeks in the wake of rising Covid-19 cases in Uttar Pradesh

The Court while not entering into the merits of the case, quashed the judgment of the High Court stating, “the impugned judgment and order passed by the High Court discharging the accused under Section 7 of the PC Act is unsustainable in law.”

8524_2020_36_1501_27516_Judgement_13-Apr-2021

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Why aren’t international institutions so easily accessible to Indian lawyers, professors: Justice P.S. Narasimha

The Indian Society of International Law (ISIL) on Wednesday inaugurated its Post Graduation Diploma Courses for 2021-22 and also, the Convocation ceremony for its 2019-20 and 2020-21 batches.

Delhi High Court directs Delhi govt, IHBAS to explain why they didn’t constitute state mental health authority

A single-judge Delhi High Court bench was hearing a plea to set up the State Mental Health Authority (‘SMHA’) and the Mental Health Review Board (‘MHRB’) for Delhi in compliance with the obligations under the Mental Healthcare Act, 2017.

Rs 50,000 per Covid death: NDMA recommends ex-gratia payment in affidavit to Supreme Court

Center said in an affidavit in the Supreme Court that the NDMA has recommended an amount of Rs 50,000 each as ex-gratia payment to covid-19 deceased families. The Affidavit, was filed by Govind Mohan, Additional Secretary, Ministry of Home Affairs, was in response to Supreme Court directions.

Supreme Court reserves verdict on plea seeking free education to every child with special needs, disabled children

The Supreme Court on Wednesday reserved its judgment on a petition seeking directions to ensure free and compulsory education to each and every Child With Special Need (CWSN)/Disabled Children by initiating the process of appointment of Special Teachers as per the Teacher Pupil ratio, which is 1:5.
Did you find apk for android? You can find new Free Android Games and apps.