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Ganpat Sharma vs. State of Rajasthan & Anr.

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Prevention of Corruption Act, 1988–Sec. 7–Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 61(2)–Order of framing charge–Sustainability–The order sheet merely records in a highly cursory and omnibus manner that arguments on charge were heard, the record was persued, and a prima facie case was found to be made out–Beyond this ritualistic recital, the order is conspicuously silent as to what material, what circumstances or what factual substaratum weighed with the learned Trial Court in forming such an opinion–Learnd Trial Court neither applied its independent judicial mind to the statutory ingredients of the offence alleged, nor does the order indicate how the material on record satisfies the threshold of “ground for presuming” as contemplated u/s. 251 BNSS–Impugned order set aside and matter remitted back with certain directions.