AIROnline 2025 SC 368

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Abhay S. Oka, Augustine George Masih , JJ

Criminal P.C. (2 of 1974) , S.228— Penal Code (45 of 1860) , S.409, S.468— Prevention of Corruption Act (49 of 1988) , S.13(1)(d), S.13(2)— Framing of charges - Challenge against - Accused Executive Engineer had allegedly inserted words regarding not publishing tender notices, above signature of Minister for Public Works Department after approval for issuing tenders was granted by minister- Said act of forgery was allegedly done with object of showing that addition was made by Minister - Scientist of CFSL had opined that inserted words were in handwriting of accused - Allegation was that by not publishing tender notices, loss was caused to the Exchequer - Prima facie case was made out to proceed against accused for offences punishable under Ss.409 and 468 of IPC - There was no allegation that accused had agreed to accept or accepted any gratification, agreed or accepted any valuable thing or had dishonestly misappropriated or converted for his own use any property entrusted to him - S. 13(1) and S.13(2) of PC Act, providing for 'criminal misconduct' was not attracted - Order framing charge for offences under S.13(1)(d) read with S.13(2) of PC Act was set aside - Order framing charge for offences under S.409 and 468 of IPC was maintained. Criminal Revision Application No.195 of 2023, D/-27.3.2023 (Bom)-Partly Reversed (Para 10 11 ....