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Issues Involved: Challenge to judgment of a learned Single judge of Punjab and Haryana High Court dismissing Criminal Revision, framing charges under IPC, 1860, for alleged offences u/s 409, 420, 120B, validity of power of attorney, conspiracy under Section 120-B IPC.
Issue 1: Challenge to Judgment Dismissing Criminal Revision The appellants challenged the order of the High Court dismissing the Criminal Revision filed against the framing of charges under Sections 409, 420, 120B IPC. The High Court held that there were sufficient grounds to presume the commission of triable offences based on the complainant's evidence. Background Facts: - Appellants entered into agreements for the purchase of property. - Legal proceedings initiated by the complainant against appellants. - Charges framed against appellants under Sections 120B, 409, 420 IPC. - Appellants contended lack of bonafides in the complaint and abuse of court process. Issue 2: Validity of Power of Attorney The High Court examined the central document, the power of attorney, and noted discrepancies in details regarding the property. It observed uncertainties in the document's import and suggested the possibility of the appellants being misled by the attorney. The High Court emphasized the importance of the power of attorney containing specific property details to establish bonafides. Observations on Power of Attorney: - Power of attorney embossed with stamp of Commissioner, Firozepur. - Lack of specific property details raised doubts on the document's validity. - High Court suggested appellants may have lacked bonafides in the transaction. Issue 3: Conspiracy under Section 120-B IPC The High Court analyzed the elements of criminal conspiracy under Section 120-B IPC, emphasizing the agreement between parties to commit an illegal act. It highlighted the need for proof of agreement through direct or circumstantial evidence and the continuation of the offence until the conspiratorial agreement is terminated. Analysis of Conspiracy: - Definition and elements of criminal conspiracy under Section 120-B IPC. - Importance of agreement to execute illegal conduct. - Need for proof of agreement through direct or circumstantial evidence. Conclusion: The Supreme Court upheld the High Court's decision, dismissing the appeal challenging the framing of charges. It emphasized the need for charges to be established beyond reasonable doubt and suggested early disposal of the case. The Court acknowledged the validity of the High Court's observations while maintaining the possibility of further challenges during trial proceedings. Final Decision: The appeal was dismissed, and the trial court was urged to expedite the case proceedings while considering any petitions for exemption in accordance with the Code of Criminal Procedure, 1973.
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