Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2000

Supreme Court of India · 2000-01-17

STATE OF M.P. vs S.B. JOHARI

Citation / case number
SC 1999/11039
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
S.B. JOHARI
Author
M.B.Shah K.T.Thomas
Bench
M.B.Shah K.T.Thomas

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the charges framed under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1948, and Section 120-B IPC, as well as Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988. The Court emphasized that at the charge framing stage, the court must only determine if there is a prima facie case, without weighing the evidence. The Court reinstated the charges, stating that the High Court's approach was illegal and erroneous, thus allowing the State's appeal.

STATE OF M.P. vs S.B. JOHARI · Niyam