prem prakash

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FRAUDULENTLY OBTAINED DISCHARE FROM CRIMINAL CASE = “court is not a laboratory where children come to play”. The action of the accused-respondent depicts the attitude where one calculatedly conceives Page 2 the concept that he is entitled to play a game of chess in a court of law and the propriety, expected norms from a litigant and the abhorrence of courts to the issues of suppression of facts can comfortably be kept at bay. Such a proclivity appears to have weighed uppermost in his mind on the base that he can play in aid of technicalities to his own advantage and the law, in its essential substance, and justice, with its divine attributes, can unceremoniously be buried in the grave. = The fraudulent intention is writ large. In fact, he has shown his courage of ignorance and tried to play possum. The High Court, as we have seen, applied the principle “when infrastructure collapses, the superstructure is bound to collapse”. However, as the order has been obtained by practising fraud and suppressing material fact before a court of law to gain advantage, the said order cannot be allowed to stand. That apart, we have dealt with regard to the legal sustainability of the order in detail. Under these circumstances, we are disposed to think that the power under Article 142 of the Constitution is required to be invoked to do complete justice between the parties. Cognizance of the offences had been rightly taken by the learned Magistrate and charges, as we find, have been correctly framed by the learned trial Judge. A victim of a crime has as much right to get justice from the court as an accused who enjoys the benefit of innocence till the allegations are proven against him. when an order of quashment of summons has been obtained by suppression, this Court has an obligation to set aside the said order and restore the order framing charges and direct the trial to go on. And we so direct.= Consequently, the appeal is allowed, the order passed by the High Court in Criminal Revision No. 327 of 2011 and the order passed by the learned Additional District and Sessions Judge, No.1, Jodhpur, in Criminal Revision No. 7 of 2009 are set aside and it is directed that the trial which is pending before the learned Additional District and Sessions Judge, No. 3, Jodhpur, shall proceed in accordance with law.

Page 1     Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 785 OF 2013 (Arising out of SLP (Crl. ) No. 294 of 2013) Moti Lal Songara …Appellant Versus Prem Prakash @ Pappu and Anr. …Respondents J U D G M E N T Dipak Misra, J. Leave granted. 2. … Continue reading

The issue regarding filing of petition before the High Court after having availed first revision petition before the Court of Sessions has come up before the Supreme Court and this Court repeatedly. While laying that section 397(3) Cr.P.C. laid statutory bar of second revision petition, the courts have held that High Court did enjoy inherent power under section 482 Cr.P.C. as well to entertain petitions even in those cases. But, that power was to be exercised sparingly and with great caution, particularly, when the person approaching the High Court has already availed remedy of first revision in the Sessions Court. This was not that in every case the person aggrieved of the order of the first revision court would have the right to be heard by the High Court to assail the same order which was the subject matter of the revision before Sessions Court.=It is settled proposition of law that at the stage of framing of charges it is not obligatory for the Judge of trial to consider any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. The standard of test and judgment which is to be finally applied before recording of final guilt or otherwise of accused, is not exactly to be applied at the stage of deciding the matter under section 227 and 228 of Cr.P.C. Further at this stage, the Court is not to see whether there is sufficient ground for conviction of the accused or whether the trial is sure to end in his conviction. Strong suspicion against the accused, leading the court to think that there is ground for presuming that the accused has committed an offence is enough.

Crl.MCNo.583/2009 Page 1 of 11 * THE HIGH COURT OF DELHI AT NEW DELHI + Crl.MC No.583/2009 Date of Decision: 10.02.2012 Dy. Commissioner of Income Tax …… Petitioner Through: Mr. Sanjeev Rajpal and Mr. Karan Chaudhan, Advocate Versus General Sales Pvt. Ltd. & Ors. …… Respondent Through: Mr. Harish Gulati & Mr. Anindya Malhotra, Advocates … Continue reading

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