Tag: Election Fraud

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed

The Supreme Court held that at the quashing stage under Section 482 CrPC, the High Court cannot conduct a mini-trial or evaluate evidence. If the complaint and prima facie documents disclose cognizable offences, the prosecution must proceed to trial. The merits of allegations, including forgery and cheating, are to be tested through evidence, not nipped in the bud. Facts Of The Case: The complainant, Komal Prasad Shakya, filed a criminal complaint alleging that Rajendra Singh, who had always identified as a General Category 'Sikh', fraudulently obtained a Scheduled Caste ('Sansi') certificate just before the 2008 Guna Assembly elections. Using this certificate, he contested and won from a reserved constituency. The complaint accused Rajendra Singh, his father Amrik Singh, and others in...
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Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea

The Supreme Court upheld the High Court's order quashing criminal proceedings, emphasizing that the FIR and complaint failed to disclose a cognizable offense against the accused. The Court found the allegations vague, unsubstantiated, and lacking any material to connect the accused to the crime, making the case unsustainable. Facts Of The Case: The case originated from a written complaint dated May 28, 2015, by a Member of the Legislative Assembly (MLA) to the Anti-Corruption Bureau in Hyderabad. He alleged that the fourth accused (A4), Jerusalem Mathai, had offered him Rs. 2 crores and a ticket to leave the country to abstain from voting in the upcoming Member of Legislative Council (MLC) elections. A subsequent paragraph in the same complaint mentioned a higher offer of Rs. 5 crores fr...
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