Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 2828 - HC - Indian LawsConspiracy - disproportionate sources of income - framing of charges - offences punishable under Sections 13(2) read with Section 13 (1) (e) of the Prevention of Corruption Act, 1988 - HELD THAT:- In the present case, the allegation against husband of petitioner is that he acquired disproportionate assets in his name and in the name of the petitioner and other family members out of ill gotten money. In case of P. NALLAMMAL VERSUS STATE REP. BY INSPECTOR OF POLICE [1999 (8) TMI 953 - SUPREME COURT], the Apex Court has held that if a non-public servant abets any offence committed by the public servant, such non-public servant shall also be liable to be tried along with the public servant. The learned Trial Court after taking into account the materials available before it, directed for framing of charges against the petitioner. The details and particulars regarding the respective role of the accused have been drawn in the charge-sheet which makes the case against the petitioner triable. By no stretch of imagination can it be said that the materials available against the petitioner, taken to be ex facie true, do not constitute the offences alleged. It is admitted that out of 35 witnesses, 22 prosecution witnesses have already been examined. Thus, the trial is at the advance stage - It is settled law that at the time of framing of charge, the Court is not expected to hold mini trial and delve deep into the matter for the purposes of appreciating the evidence and the evidence can only be weighed when the entire material will be brought before the Trial Court. The Court was required to see at the time of framing charge whether a strong suspicion exists for commission of the offence. The Trial Court found prima facie case against the petitioner, accordingly framed charges. By the present petition, inherent power of this Court under Section 482 Cr.P.C. has been sought to be invoked. The inherent powers are only meant to be applied ex debito justitiae in order to render real and substantial justice for the administration of which alone, the Court exists or to prevent the abuse of the process of the Court. It has been repeatedly held by this Court that the extraordinary powers under Section 482 Cr.P.C. has to be exercised sparingly and with great care and caution. At the time of framing the charges, the Court had to see prima facie case, the material which is in the possession of the petitioner, cannot be considered at this stage. The Trial Court has to rely upon the charge-sheet and the material placed by the prosecuting agency. In the present case, the allegations against the petitioner and her husband are of severe nature, namely, abusing the official position. The petitioner alleged to have conspired with her husband and amassed assets as mentioned in the charge sheet and impugned orders as well. This Court is not inclined to interfere therewith - Petition dismissed.
|