light of the above, one has to test the charges
framed and impugned in this appeal. The second charge as framed
by the Trial Court
hands were not
washed for testing. In these circumstances, hand wash test report,
Exhibit PW-18/A becomes less significant.
In case of corruption ... department has not been able to prove the charges in their own
departmental proceedings, where the test is lower then it is logical to
presume
stage on which the learned Judge is required to test the veracity of the materials or statements as laid down by three Judge Bench ... true no case to proceed is made out. With regard to charges as contained in Charge Sheet No. 4, as rioted above, it is useful
Corruption Act,
1988 , r/w 109 IPC .
Fundamental Principles on Framing of Charges :
12. A "charge" or "indictment" is like ... nuanced test was laid down for the exercise of
power under Section 482 Cr.P.C at the stage of framing of
charges. The Court
time, when the Magistrate is considering to proceed against him by framing charges. In Devendra Nath Padhi the law was laid down once again that ... Court held that while deciding to frame charges or considering the question of discharging an accused, the test to be applied was of prima facie
demand of any money. The applicant only told him the charges of medical tests during OPD and due to some rivalry in the department
remitted Rs.1900/- for consumption charges and then, he prepared Mahazar and done phenolphthalein test and when the accused dipped his both right and left ... phenolphthalein test, but they have not done so, but phenolphthalein test has been done only with Rs.500/- and not with Rs.2400/- and hence
offence and that the final test of guilt is not to be applied at the stage of framing charges. Further, he would submit that ... stage, at which stage final test of guilt is to be applied. A mere presumption is enough to frame charges against the accused
Court. Though the question referred
relates to the issue whether order framing charges is an interlocutory
order, we have considered further question ... taken in Amarnath versus
State of Haryana14 and also deviated from the test for interlocutory
order laid down in S. Kuppuswami Rao (supra
flooded with appeals against the order of the Special Court
framing charges which will impede the progress of the trial
and delay the disposal ... interlocutory order', there can be no doubt that
the order framing charges against the appellant under the
Act was merely an interlocutory order which