STATE OF MADHYA PRADESH versus RAKESH MISHRA

STATE OF MADHYA PRADESH versus RAKESH MISHRA

There exists sufficient material at this pre-trial stage to make out a prima facie case against the accused; framing of charges is restored.

Parties
Appellant: State of Madhya Pradesh; Respondent: Rakesh Mishra
Jurisdiction
India
Judgment Date
23 March 2015
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Deciding Criminal Revisions on Framing of Charges
Outcome
Appeals allowed; High Court order set aside; framing of charges restored.
Legal Topics
Framing of Charges, Prevention of Corruption, Criminal Conspiracy, Delay in Justice Delivery
Criminal Law Anti Corruption Law Framing of Charges Prevention of Corruption Criminal Conspiracy Delay in Justice Delivery

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Parties

State of Madhya Pradesh

Appellant

Rakesh Mishra

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Deciding Criminal Revisions on Framing of Charges

Legal Issues

  1. 1 Whether sufficient material exists to frame charges under Prevention of Corruption Act and Penal Code against the accused.
  2. 2 Whether the High Court erred in setting aside orders of framing charges at pre-trial stage.

Ratio Decidendi

There exists sufficient material at this pre-trial stage to make out a prima facie case against the accused; framing of charges is restored.

Court Disposition

Appeals allowed; High Court order set aside; framing of charges restored.

Orders

  • The order passed by the High Court is set aside.
  • The order of the Additional Sessions Judge framing charges is restored.