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Proof Of Allegations Not Concern Of Trial Court At Time Of Framing Charges: MP HC

Live Law News Network
10 Aug 2017 8:35 AM GMT
Proof Of Allegations Not Concern Of Trial Court At Time Of Framing Charges: MP HC
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The Madhya Pradesh High Court has held that the trial court is not concerned with the proof of allegation at the stage of framing of charges.

The court rejected a revision of the co-accused in a bank financial scam of Rs. 10,52,07,724.

The Central Bureau of Investigation (CBI) in Bhopal had filed chargesheet against the applicants as co-accused, along with principal accused Syyad Sajid Aslam, for an offence under Sections 120-B, 109, 409, 420, 467, 468, 471, 477-A of IPC and Section 66 of the IT Act, 2000, and Section 13(2) r/w Section 13(1)(c) & (d) of the Prevention of Corruption Act.

During the investigation, it was revealed that the principal accused, in criminal conspiracy with the applicants, dishonestly and fraudulently misappropriated the public money (bank fund) through financial scam and fraudulent transaction.

The applicant co-accused challenged the charges framed against them by the trial court on grounds that they were misused by the principal accused since they had not signed any document or forged any document or caused any wrongful loss to the bank, thus, the same be set aside and they can be discharged from the case.

A division bench comprising of Justice SK Seth and Justice Anjuli Palo said: “The defence of the applicants would not be considered at the time of the framing charges. It can be considered at an appropriate stage of defence evidence.”

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