HARDEO SINGH versus STATE OF BIHAR AND ANR.

HARDEO SINGH versus STATE OF BIHAR AND ANR.

Framing of criminal charge requires only a prima facie connecting link, not proof of conspiracy; material exists to justify prosecution and refusal to discharge the Appellant at this stage. Proceedings should continue as further investigation is warranted.

Source-derived case information.

Parties
Appellant: Hardeo Singh; Respondent: State of Bihar and Anr.
Jurisdiction
India
Judgment Date
11 May 2000
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Discharge Application and Refusal to Quash Proceedings by High Court
Outcome
Appeal dismissed
Legal Topics
Conspiracy, Banking Fraud, Illegal Gratification, Discharge Application, Framing of Charges
Criminal Law Anti Corruption Conspiracy Banking Fraud Illegal Gratification Discharge Application Framing of Charges

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Parties

Hardeo Singh

Appellant

State of Bihar and Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Discharge Application and Refusal to Quash Proceedings by High Court

Legal Issues

  1. 1 Whether the Appellant should be discharged from the criminal proceedings for conspiracy and other charges
  2. 2 Whether material exists for framing of charges against the Appellant

Ratio Decidendi

Framing of criminal charge requires only a prima facie connecting link, not proof of conspiracy; material exists to justify prosecution and refusal to discharge the Appellant at this stage. Proceedings should continue as further investigation is warranted.

Court Disposition

Appeal dismissed

Orders

  • The order of the High Court is upheld; no interference warranted.
  • No order as to costs.