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.