9911796707
TMI Blog1993 (3) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 were null and void as they were obtained by fraud, practised by the State. Merits or otherwise of the application, alleging fraud against the State, apart, what has left us completely surprised is not so much the entertaining of the application filed by the accused, for declaration that the charges framed against him were nullity having been procured by fraud as the procedure adopted by the learned Single Judge of granting the prayer merely for failure of the State to file any reply by way of counter-affidavit than by recording any finding that the State was guilty of procuring the order framing the charges by fraud. One of the objections raised by the State was that since the High Court by its order passed on 25/26th March 1991 in Cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed unless it was found as a fact that the State by its acts or omissions acted-,deceitfully or it misled the court. 'Fraud' is false representation by one who is aware that it was untrue with an intention to mislead the other who may act upon. it to his prejudice and to the advantage of the representor. It is defined in Oxford Dictionary as, ` using of false representations to obtain an unjust advantage or to injure the rights or interests of another'. In Webster it is defined as, 'deception in order to gain by another's loss; craft; trickery-, guile; any artifice or deception practiced to cheat, deceive, or circumvent another to his injury. It has been defined statutorily in Section 17 of the Contract Act as includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1993 [Arising out of S.L.P. (Crl.) No. 986 of 1992] directed against the discharge of the accused for failure to obtain sanction a very brief summary has been given of various attempts made by the accused to get an order of discharge, on merits, without success. It is not necessary to recount all that here. Ul- timately when the accused was discharged for failure of the State to obtain sanction under Section 197 of the Criminal Procedure Code (in brief 'the Code') and the State challenged the correctness of the order by way of revision the accused filed the application for the declaration that the charge-sheet be declared null and void. In paragraph 3 of the application it was stated that the charges were vitiated by fraud as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts at one or the other stage were extracted and it was claimed that the State either knowingly did not place correct facts to substantiate those observations or deliberately concealed the truth and made fraudulent submissions inducing the Trial Judge thereby to frame the charges. Emphasis was laid on the submissions advanced by the State and it was stated that it was result of fraudulent submissions that the Trial court was induced to frame charges against the accused. No foundation giving rise to fraud was laid. Facts which could be fished out from paragraphs averring fraudulent submissions could not in our opinion be said to be relevant for alleging fraud. For instance in paragraph 4 it was stated, the Ld. Addl. Session Judge was deceiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Sec. 227 Cr. P.C. and the Respondent took advantage of that situation and intentionally made the aforesaid fraudulent submissions in Feb. 1989 during the judicial proceedings before the Ld. Addl. Session Judge Shri Patel and caused circumstances to induce the Ld. Session Judge Shri Patel to entertain erroneous opinions and pass orders resulting in miscarriage of justice'. In paragraph 7 it was stated as under The Ld. Addl. Session Judge Shri Patel passed two orders dated 11-9-1989 and 11-10- 1989 to compel the Respondent to deposit the documents in the Session Court and accordingly the Documents were deposited in the Session Court only on 11-10-1989; which conclusively establishes that in February 1989 when Charges were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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