In a case titled as State of Rajasthan v. Ashok Kumar Kashyap, Criminal Appeal No. 407 of
2021 (Arising from SLP (Criminal) No. 3194 of 2021) decided on : 13-04-2021, the Honourable
Supreme Court of India has held that at the stage of considering framing of charge, only prima facie
evidence is to be seen and mini trial is not permissible. Regarding facts of the case, the
complainant had filed a complainant against the accused person (the Patwari) under Section 7
of the Prevention of Corruption Act before Special Judge, Prevention of Corruption Act,
Bharatpur. The complainant alleged that he approached the accused person
(the Patwari ) for issuance of Domicile Certificate and OBC
Certificate of his son. However, the accused person , instead of endorsing the application,
demanded the bribe of Rs. 2800. Thereafter, after conducting the investigation a charge sheet
came to be filed by the investigating agency against the accused for the offence under Section 7
of the PC Act. After hearing the prosecution as well as the counsel for the defence and
considering the material on record which included the transcript of conversation recorded
between the complainant and the accused and considering the other material on record and
having found that there is a prima facie case made out the Learned Special Judge framed the
charge against the accused for the offence under Section 7 of the PC Act.
Against this order, the accused person filed revision petition before the Hon’ble High Court of
Rajasthan , Jaipur .
The Hon’ble High Court of Rajasthan , Jaipur, allowed the said revision application and
quashed and set aside the order passed by the learned Special Judge framing the charge against
the accused for the offence under Section 7 of the PC Act and consequently discharged the
accused from the alleged offence.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High
Court, discharging the accused and quashing and setting aside the order of framing charge by
the learned Special Judge, in exercise of its revisional jurisdiction, the State initiated an appeal
before the Honourable Supreme Court.
The Apex court quashed the impugned judgment and order passed by the High Court
discharging the accused under Section 7 of the PC Act and restored the order passed by the
learned Special Judge framing of charge against the accused under Section 7 of the PC Act.
The Honourable Supreme Court was of the opinion that the High Court has exceeded in its
jurisdiction in exercise of the revisional jurisdiction and has acted beyond the scope of Section
227/239 Cr.P.C.
The High Court was required to consider whether a prima facie case has been made out or not
and whether the accused is required to be further tried or not. At the stage of framing of the
charge and/or considering the discharge application, the mini trial is not permissible
