CENTRAL BUREAU OF INVESTINGATION Vs. PURAN PRAKASH JAIN

JUDGEMENT

(1.) Instant S.B. Criminal Revision Petition is preferred by CBI aggrieved from order dtd. 31/1/2004 in criminal case No. 05/2003 passed by learned Additional Chief Judicial Magistrate (SPE) Cases, Jaipur District Jaipur whereby the respondent was discharged from charge under Ss. 409, 420, 467, 468 and 471 of IPC.

(2.) Learned Special Public Prosecutor, CBI while relying upon grounds of revision petition submitted that respondent was working as a public servant and during his posting he misused his official position and wrongly issued stock investment in the name of self, family members and relatives, as a result, the bank was forced to make payments to other companies, resulting in loss to bank. He submitted that against all settled norms, the Trial Court has considered the matters on merits at the stage of charge and discharged the respondent-accused from the charge without opportunity of leading evidence to prove the charge. He further submitted that the action of Trial Court is contrary to settled proposition of law. He further submitted that at the stage of charge, the Trial Court is required to consider the material for the purpose of framing the charge but it has no power to adjudicate the matter on merits on the basis of material forwarded by investigation agency.

(3.) None present for the respondent despite service.