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Supreme Court of India 2017-02-03 allowed

State of Rajasthan vs Fatehkaran Mehdu

Bench: 2 — Ashok Bhushan

In Brief

A Mining Engineer was accused of corrupt conduct for allegedly granting an enlarged quarry licence to a third party while cancelling a licence granted to another party, causing financial harm to both the State and the displaced licence holder. The High Court quashed the charges, but the Supreme Court reversed this decision. The Court held that at the charge-framing stage, courts need only find strong suspicion based on prima facie allegations, not proof of guilt. Revisional jurisdiction should be exercised sparingly. Here, allegations that the engineer issued a technical map showing greater acreage than actually licensed, enabling unauthorized mining, satisfied the requirements for charging under the Prevention of Corruption Act, 1988. The order was restored for trial to proceed.

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Criminal Procedure Prevention of Corruption Act Revisional Jurisdiction Charge Framing Public Servants Administrative Law Mining Regulations

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