IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 97 OF 2015
[Arising out of S.L.P.(Criminal) No. 6927/2013]
Sanjaysinh Ramrao Chavan … Appellant (s)
Versus
Dattatray Gulabrao Phalke and others … Respondent (s)
Heard learned counsel appearing for the parties. Learned Senior Counsel submits that the appellant has unblemished service since 1995 and he has been falsely implicated in this case so as to tarnish his image and spoil his career. The legal advisor in the Anti Page Corruption Bureau was a retired Judge of the special court for trying offences under the PC Act, and on his legal advice only, the Director General of Police came to the conclusion that there was no ground for proceeding against the appellant. It is further submitted that the Magistrate of competent jurisdiction, after going through the entire records and having taken an informed decision not to proceed against the appellant, the High Court is not justified in setting aside the said order merely because another view is also possible. Learned Counsel for the respondents on the other hand submit that the High Court in revision was fully justified in looking into the merits of the case and directing to proceed against the appellant. Whether there is evidence so as to ultimately enter conviction is not what is required to be seen at the time of taking cognizance; what is required is only to see whether there is sufficient ground for proceeding in the case….read more