Case: State Of M.P Vs. S.B. Johari

The aforesaid appeals are filed by the State of Madhya Pradesh challenging the orders passed by the High Court of Madhya Pradesh, Bench at Indore allowing Criminal Revision Applications Nos. 613 of 1998 and 159 of 1999 and quashing the charges framed by the Additional Sessions Judge, Indore in Special Case No. 28/96 against the respondents for the offences punishable under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1948 read with Section 120-B IPC and in the alternative for the offence punishable under Section 13(1)(d), 13(2) of the Prevention of Corruption Act,was lodged at the Police Station Bhopal to the effect that there was criminal conspiracy in purchase of medicines for S.G. Cancer Hospital, Indore. At the relevant time, Dr. C.P. Tiwari was posted as Dean, Medical College, Dr. M.S. Dwivedi was working as Superintendent, Mr. S.B. Johari (Respondent No. 1 in SLP No. 2854/99) was working as Medical Officer Incharge of Stores and Mr. Sudhir Pingle (Sole Respondent in SLP No. 2855/99) was working as Accountant in the hospital. It is alleged that all the aforesaid accused entered into criminal conspiracy with some local businessmen of Indore by misusing their posts and also by using some forged documents that caused wrongful loss to the Government. It has been stated that though many of the items have not been purchased, amount is paid on bogus vouchers. On the basis of the material on record, it was pointed out that some medicines were purchased at Jabalpur at lesser price, roughly at half the rate. After considering the material on record, learned Sessions Judge framed the charge as stated above. That charge is quashed by the High Court against respondents by accepting the contention raised and considering details of material produced on record. The same is challenged by filing these appeals.

Reasoning: is apparent that the entire approach of the High Court is illegal and erroneous. From the reasons recorded by the High Court, it appears that instead of considering the prima facie case, the High Court has appreciated and weighed the materials on record for coming to the conclusion that charge against the respondents could not have been framed. It is settled law that at the stage of framing the charge, the Court has to prima facie consider whether there is sufficient ground for proceeding against the accused. The Court is not required to appreciate the evidence and arrive at the conclusion that the materials produced are sufficient or not for convicting the accused. If the Court is satisfied that a prima facie case is made out for proceeding further then a charge has to be framed. The charge can be quashed if the evidence which the prosecutor proposes to adduce to prove the guilt of the accused, even if fully accepted before it is challenged by cross examination or rebutted by defence evidence, if any, cannot show that accused committed the particular offence.In such case, there would be no sufficient ground for proceeding with the trial. In Niranjan Singh Karam Singh Punjabi etc. v. Jitendra Bhimraj Bijjayya and others etc. reported in 1999(1) RCR (Crl.) 89 : 1990(4) SCC 76, after considering the provisions of Sections 227 and 228, Cr.P.C., Court posed a question, whether at the stage of framing the charge, trial Court should marshal the materials on the record of the case as he would do on the conclusion of the trial ?The Court held that at the stage of framing the charge inquiry must necessarily be limited to deciding if the facts emerging from such materials constitute the offence with which the accused could be charged. The Court may peruse the records for that limited purpose, but it is not required to marshal it with a view to decide the reliability thereof.