Defence Of Accused Can’t Be Considered At Stage Of Framing Of Charges: Patna High Court
The Patna High Court dismissed an Application filed under Section 482 of the CrPC by a Block Education Officer (BEO).
Justice Chandra Shekhar Jha, Patna High Court
The Patna High Court dismissed a Petition to quash an Order of cognizance in a bribery case, while remarking that the defence version of the accused cannot be considered at the stage of framing of charge to avoid a minitrial.
The Court dismissed an Application filed under Section 482 of the CrPC by a Block Education Officer (BEO) seeking to quash an Order which took cognizance against him for an offence under Section 7 of the Prevention of Corruption Act (PC Act).
A Single Bench of Justice Chandra Shekhar Jha remarked, “It is also a settled position of law that the defence version of the petitioner/accused cannot be considered at the stage of framing of charge to avoid a minitrial.”
Senior Advocate Rajesh Kumar Singh appeared for the Petitioner, while APP Sanjay Kumar Singh represented the Respondent.
Brief Facts
The informant had alleged that the Petitioner had been demanding a bribe of Rs. 10,000 from him for the allotment of funds related to SSA Grant and Mid-day Meal. The Petitioner was also allegedly threatening the informant with the initiation of departmental proceedings if the demand was not met.
Court’s Reasoning
The High Court pointed out that the charges were already framed and the trial had begun, and that "the defence version of the petitioner/accused cannot be considered at the stage of framing of charge to avoid a mini-trial."
Consequently, the Court ordered that “it appears to this Court that the transcript of the conversation between the petitioner and the informant and also turning left or right hand pink upon chemical analysis, as discussed above, along with the submission qua malicious approach due to official dispute and differences, are such issues which cannot be looked into at this stage. Charges are already framed against the petitioner, and the trial of the case has already begun. It is also a settled position of law that the defence version of the petitioner/accused cannot be considered at the stage of framing of charge to avoid a minitrial.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Arvind Kumar Tiwari v. The State of Bihar & Anr. (Criminal Miscellaneous No.85368 of 2024)
Appearance:
Petitioner: Senior Advocate Rajesh Kumar Singh; Advocates Ranvijay Narain Singh, Dharmendra Kumar Singh and Manish Kumar Singh
Respondents: APP Sanjay Kumar Singh