RAJAT PRASAD versus C.B.I

RAJAT PRASAD versus C.B.I

Prima facie materials exist for a fuller probe into the precise role of the appellants in the alleged conspiracy related to a sting operation; the determination of criminal intent and liability can only be undertaken after recording of evidence, and therefore, the High Court's refusal to quash charges before trial is justified.

Parties
Appellant: Rajat Prasad; Appellant: Arvind Vijay Mohan; Respondent: C.B.I.
Jurisdiction
India
Judgment Date
24 April 2014
Procedural Posture
Criminal Appeal / Appeal Against High Court's Refusal to Quash Charges Before Trial
Outcome
Appeals dismissed; charges stand.
Legal Topics
Sting Operations, Abetment, Criminal Conspiracy, Prevention of Corruption Act
Criminal Law Sting Operations Abetment Criminal Conspiracy Prevention of Corruption Act

Case Brief

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Parties

Rajat Prasad

Appellant

Arvind Vijay Mohan

Appellant

C.B.I.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court's Refusal to Quash Charges Before Trial

Legal Issues

  1. 1 Liability of private individuals conducting sting operations
  2. 2 Criminal intent of participants in sting operations
  3. 3 Whether criminal charges should be quashed before trial

Ratio Decidendi

Prima facie materials exist for a fuller probe into the precise role of the appellants in the alleged conspiracy related to a sting operation; the determination of criminal intent and liability can only be undertaken after recording of evidence, and therefore, the High Court's refusal to quash charges before trial is justified.

Court Disposition

Appeals dismissed; charges stand.

Orders

  • The order dated 30.05.2008 of the High Court refusing to interfere with the charges framed against the accused-appellants is fully justified and affirmed.