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TMI Blog2023 (10) TMI 1346X X X X Extracts X X X X X X X X Extracts X X X X ..... o not reveal any circumstances or evidence to arrive at a conclusion that accused had disproportionate source of income. The said application having been rejected by the trial court by order dated 13.04.2016, respondent moved the High Court under Section 397 read with Section 401 of Cr.P.C. by filing Criminal Revision Application No.387 of 2016 and same having been allowed by the impugned order dated 11.01.2018, the State has approached this Court. 2. The sole question that arises for our consideration is whether the order of the sanctioning authority dated 05.03.2015 is liable to be set aside and consequently, the charge-sheet filed by Anti-Corruption Bureau, Anand Police Station on 17.06.2015 is liable to be quashed? 3. The case of the prosecution as laid in the chargesheet filed against the respondent is to the effect that during the period 2005 to 2011 the respondent by misuse of his power while discharging his duties as Sub-Inspector of Borsad Town Police Station and based on corrupt practices had acquired assets in his and his wife's name to the tune of Rs.1,15,35,319/- which was beyond his known source of income and it was disproportionate to the tune of Rs.32,68,258/- whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid to be complying with the rules and regulations of service, however, this does not give him a seal of authenticity with regards to the value of consideration which is disproportionate to the known source of income. (e) The explanation given by the accused with regard to disproportionate income is also taken into consideration while filing the charge-sheet against the accused and also while granting sanction. (f) Necessary sanction has been obtained and hence, the question where sanction is given without application of mind is also a question of fact to be decided at the time of trial. (g) The bulk of records placed on record by way of charge-sheet papers prima facie shows that if they are taken at their face value if discloses all the ingredients of disproportionate income with the known source of income; (h) Even considering the broad principles whatever defence the accused is taking, even if the same are considered, it cannot be said that the ingredients constituting the alleged offence are not attracted. (i) There does not seems to be any basis infirmities prima facie on record which nullifies the case of prosecution. Even if two views are possible, present case pap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investigating agency or the documents produced in which prima facie it reveals that there are suspicious circumstances against the accused, so as to frame a charge would suffice and such material would be taken into account for the purposes of framing the charge. If there is no sufficient ground for proceeding against the accused necessarily, the accused would be discharged, but if the court is of the opinion, after such consideration of the material there are grounds for presuming that accused has committed the offence which is triable, then necessarily charge has to be framed. 8. At the time of framing of the charge and taking cognizance the accused has no right to produce any material and call upon the court to examine the same. No provision in the Code grants any right to the accused to file any material or document at the stage of framing of charge. The trial court has to apply its judicial mind to the facts of the case as may be necessary to determine whether a case has been made out by the prosecution for trial on the basis of charge-sheet material only. 9. If the accused is able to demonstrate from the chargesheet material at the stage of framing the charge which might ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... might have committed the offence on the basis of the materials on record on its probative value, it can frame the charge; though for conviction, the court has to come to the conclusion that the accused has committed the offence. The law does not permit a mini trial at this stage." 11. The defence of the accused is not to be looked into at the stage when the accused seeks to be discharged. The expression "the record of the case" used in Section 227 Cr.P.C. is to be understood as the documents and articles, if any, produced by the prosecution. The Code does not give any right to the accused to produce any document at the stage of framing of the charge. The submission of the accused is to be confined to the material produced by the investigating agency. 12. The primary consideration at the stage of framing of charge is the test of existence of a prima-facie case, and at this stage, the probative value of materials on record need not be gone into. This Court by referring to its earlier decisions in the State of Maharashtra Vs. Som Nath Thapa (1996) 4 SCC 659 and the State of MP Vs. Mohan Lal Soni (2000) 6 SCC 338 has held the nature of evaluation to be made by the court at the stage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction itself should not lead to injustice ex facie. Where the Court is dealing with the question as to whether the charge has been framed properly and in accordance with law in a given case, it may be reluctant to interfere in exercise of its revisional jurisdiction unless the case substantially falls within the categories aforestated. Even framing of charge is a much advanced stage in the proceedings under the CrPC." 14. This Court in the aforesaid judgement has also laid down principles to be considered for exercise of jurisdiction under Section 397 particularly in the context of prayer for quashing of charge framed under Section 228 Cr.P.C. is sought for as under: "27. Having discussed the scope of jurisdiction under these two provisions i.e. Section 397 and Section 482 of the Code and the fine line of jurisdictional distinction, now it will be appropriate for us to enlist the principles with reference to which the courts should exercise such jurisdiction. However, it is not only difficult but is inherently impossible to state with precision such principles. At best and upon objective analysis of various judgments of this Court, we are able to cull out some of the prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling with an application for discharge. 16. In the teeth of the above analysis of law when the impugned order of the High Court is perused, it would not detain us for too long to brush aside the contentions raised by the respondent-accused for reasons more than one. Firstly, the charge-sheet has been filed after taking into consideration the written submissions filed by the accused before the Investigating Authority which included the documentary evidences tendered by the respondent accused. Secondly, the statement of friends and acquaintances from whom loans of large amounts had been borrowed by the accused which had been relied upon by the accused to stave off the prosecution in his written submissions filed before the Investigating Authority and which material had persuaded the High Court to accept the same on its evaluation to be true, is nothing but short of accepting the same as defence evidence and examining the truthfulness of its contents even before trial could be commenced or held. Thirdly, the High Court has proceeded to examine the pros and cons of defense by weighing the defence-evidence and probabilities of the conclusion that may ultimately be arrived at, as the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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