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2024 (2) TMI 90 - HC - Money LaunderingCharge of criminal misconduct under the Prevention of Corruption Act, 1988 - illegal gratification demanded by and paid to senior Income Tax Officers - Framing of charges - HELD THAT:- The Supreme Court in ASIM SHARIFF VERSUS NATIONAL INVESTIGATION AGENCY [2019 (7) TMI 1546 - SUPREME COURT] expressed that the trial court is not expected or supposed to hold a mini trial for the purpose of marshalling the evidence on record. The Supreme Court in STATE VERSUS M.R. HIREMATH [2019 (5) TMI 1986 - SUPREME COURT] held that it is a settled principle of law that at the stage of considering an application for discharge the court must proceed on the assumption that the material which has been brought on the record by the prosecution is true and evaluate the material in order to determine whether the facts emerging from the material, taken on its face value, disclose the existence of the ingredients necessary to constitute the offence. The Supreme Court in NEERAJ DUTTA VERSUS STATE (GOVT. OF N.C.T. OF DELHI) [2022 (12) TMI 1490 - SUPREME COURT] also referred by the Special Public Prosecutor held that a person could be convicted based on circumstantial evidence for the crime of demanding a bribe or illegal gratification under the PCA, 1988. In the present case the material collected during the investigation by the respondent/CBI is not sufficient to frame the charge against the petitioner. Accordingly, the present petition is allowed. The impugned order is not legally sustainable. The impugned order dated 12.09.2019 whereby the petitioner was charged for the offences punishable under section 120B IPC read with sections 7 and 13 (1) (d) of PC Act and for the substantive offences under sections 7 and 13(1)(d) punishable under section 13 (2) of PC Act, 1988 is set aside. The petitioner stands discharged for the offences for which he was discharged. Petition allowed.
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