Madhurima @ Rima Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 676 of 2019 • Madhurima @ Rima Shukla, daugher of N.P. Shukla, aged about 41 years, resident of Aditya Heights, House No. B/301, 3rd Floor, Telibandha, Raipur (C.G.) ----Petitioner

Versus

• State of Chhattisgarh Through : The Incharge, State Economic Offence Investigation Bureau/Anti Corruption Bureau, Raipur, District Raipur(C.G.) ---- Respondent For Petitioner :

Shri Goutam Khetrapal, Adv.

For Respondent/State :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board /09/2019 Heard on admission.

01.

This revision has been filed against the order dated 01.05.2019 passed by the Special Judge (Prevention of Corruption Act) and 4th Aditional Sessions Judge, Raipur in Criminal Case No.156/2016, whereby the learned trial Court has framed charges against the applicant under Sections 13(1)(e), 13(2) of the Prevention of Corruption Act (for short 'the Act') and Section 120-B of IPC.

02.

After arguing for some time, it has been observed by

this Court that no argument was advanced by learned counsel for the parties before the learned trail Court with respect to framing of charges and the learned trail Court simply noted that pre charge argument of both the parties heard. Therefore, this Court is of the opinion that all the argument with regard to framing of charges be advanced before the learned trial Court.

03.

Accordingly, the revision petition is allowed and impugned order dated 01.05.2019 is set aside. The case is remanded to the learned trial Court with a direction that before framing of charges, the trial Court to hear the counsel for the parties and, thereafter, frame charges. 04.

The revision is allowed to the extent indicated above. A copy of this order be sent to the trial Court forthwith for information and necessary action.

Sd/- (Rajani Dubey) JUDGE vijay