1. If you have legal Knowledge you can argue the matter or conduct the case as you like there is no bar.
2. You can argue the matter either by filing petition or without petition under section 239 of Cr.pc.
3. you should go through the decisions of both H.C & S.C based on sections 227, 239, 245&258 of Cr.P.C.
4. If there is a prima face evidence to connect the crime with youit is not possible to escape or get discharge.
5. Prima faci case is a case which is established by sufficient evidence which can be rebutted only by adduciong evidence from the other party.
6. You may go through AIR 1986 s.c 2045, 1977 (2) SCC 699 , 1996 S.C C Crl 1104, 1977((4) SCC 39, 1977 SCC Crl 533, AIR 1970 SC 863 1997 scc crl. 585.
1986 STPL(LE) 12725 SC
[AIR 1986 SC 2045 = (1986) 2 SCC 716 = (1986) 1 Scale 745 = 1986 (2) SCR 621 = 1986 CRI. L. J. 1922 = (1986) 1 SCC(Cri) 256 = 1986 Cr LR 266]
SUPREME COURT OF INDIA
(P. N. BHAGWATI, C.J.I. AND RANGANATH MISRA, JJ)
A.R. ANTULAY AND ANOTHER
Criminal Appeal No. 658 of 1985-Decided on-17-4-1986 (From: Bombay)
(A) Constitution Of India Article 136-Prevention of Corruption Act, 1947 Section 4, 5(1) with Criminal Procedure Code, 1973 - Section 245(1) - Corruption - Presumption - When arises - If applies only after framing of charge. Held, that while considering charge, Court is bound to consider the presumption under Section 4.
(B) Indian Penal Code, 1960 Sections 161, 165 - Corruption - Distinction - Scope and ambit - Element of "motive" or "reward" - Where relevant. Held, (Per Bhagwati J) that Section 165 is wider in scope than 161 it is necessary to show that gratification was for some motive or reward for offence under Section 161, whereas Section 165, acceptance of valuables without consideration or with inadequate consideration is required.
(C) Penal Code (45 of 1860), Section 383 - Extortion - "Fear or Threat" - Charge of extortion- When made out - Absence of fear or threat- Effects - Donations by co-operatives to trusts, sponsored by Chief Minister - No threat. Held that no offence of extortion is made out.
(D) Prevention of Corruption Act, 1947 Sections 5(1), (2) with Penal Code, 1960 - Section 161, 165 and Criminal Procedure Code, 1973- Sections 245(1) and 227 - Corruption -Framing of charge - Allegations of seeing no objection certificates for raising Construction - Construction making hand some donation - Similarly donations made by builders etc to a public trust as also by hotel company to another trust - prima facie case made out but accused charged on some heads and discharged on others - All such charges based an same evidence. Held that discharge in respect same charges was improper.
(E) Criminal Procedure Code, 1973 Sections 227, 239, 245 - Criminal Procedure - Discharge of accused - Procedure - Difference of language in the provisions - If material - Procedure when case is instituted other wise than an police report - Charge - Framing - Test. Held that even a complaint made, the test is of a "prima - facie" case. If prima facie case exists, then charge has to be framed.