[Cites 7, Cited by 0]
Rajasthan High Court - Jodhpur
Pushkar Das Vaishnav vs C.B.I. (2026:Rj-Jd:14413) on 27 March, 2026
[2026:RJ-JD:14413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1659/2025
Bhagwati Lal Sharma S/o Late Punamchand Sharma, Aged About
65 Years, R/o House No. 4, Near Emmanuel Mission School,
Naya Gaon Road, District Pali, (Raj).
----Petitioner
Versus
Central Bureau Of Investigation, Jodhpur, Through Public
Prosecutor
----Respondent
Connected With
S.B. Criminal Revision Petition No. 37/2026
Pushkar Das Vaishnav S/o Late Premdas Vaishnav, Aged About
32 Years, Gramin Dak Sevak, Housing Board Sub Post Office,
Pali, R /o House No. 370, Mahatma Gandhi Colony, District Pali,
Rajasthan
----Petitioner
Versus
C.B.I., Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Devansh Thanvi
Ms. Pragya Thanvi
Ms. Urmila Chauhan
For Respondent(s) : Mr. P.C. Solanki, SPP
Mr. Sriram Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
27/03/2026
1. On the request and with the consent of the learned counsel
appearing on behalf of both the parties, the matter is taken up for
final disposal at the admission stage.
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[2026:RJ-JD:14413] (2 of 4) [CRLR-1659/2025]
2. The present criminal revisions have been preferred against
the order dated 06.11.2025 passed by the learned Special Judge,
CBI Cases, Jodhpur Metro, Jodhpur, in Criminal Sessions Case No.
08/2025, whereby charges were framed against the accused-
petitioners under Section 120-B read with Sections 201, 409, 465,
468 & 477-A of the IPC & Section 13(2) read with Section 13(1)
(A) of the Prevention of Corruption Act, 1988 (as amended in the
year 2018).
3. Learned counsel appearing on behalf of the accused-
petitioners submit that the entire charges are framed based on
insufficient evidence and that certain documents were sent to the
FSL to determine the aspect of forgery; further, before such FSL
report was received, the charges had been framed. Learned
counsel further submits that the material upon which the charges
have been based lacks sufficiency so as to prove the allegations
against the accused-petitioners, therefore, the present criminal
revision petitions have been filed.
4. Learned counsel appearing on behalf of the respondent-
Central Bureau of Investigation (CBI) submits that there is ample
evidence in the form of documents and oral evidence to show that
these accused-petitioners were working during the relevant time
in the post of Sub-Postmaster in the Post Office, Pali, and they
allegedly collected deposits from 26 customers; instead of making
real-time data entry with regard to the collection of deposits, they
issued forged passbooks by creating special files on the computer
without entering the real-time data in the actual software, and by
issuing such passbooks, they have allegedly misappropriated an
amount of Rs. 67,65,000/-. It is also his submission that the FSL
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[2026:RJ-JD:14413] (3 of 4) [CRLR-1659/2025]
report would be received by the time the trial commences, and the
same would be introduced as and when the other witnesses are
examined relating to the FSL report; even assuming that the FSL
report has not been produced, the accused-petitioners can take
advantage thereof, but on that ground, they cannot claim that the
charges are unsustainable.
5. Having considered the arguments of learned counsel
appearing on behalf of both parties and on perusing the impugned
order of charges, the learned Special Judge has dealt with the
various material which is available against the present accused-
petitioners which are the basis of criminal charges. As seen from
the charge-sheet and the statements of the witnesses and
material collected during the investigation, it is made clear that
they constitute a prima facie case for charges to the effect that
these accused-petitioners, while working in the said Post Office in
the post of Sub-Postmaster and as temporary employees,
allegedly collected amounts from various customers for deposits
and issued manual passbooks as if they were issuing them with
proper authority by entering real-time data in the software
maintained by them; the material further shows that the amounts
were not deposited in the Post Office and the data was also not
entered in the real-time software maintained in the office.
However, instead of making entries in the real-time software, they
created new files on the computer and manually entered the data
to project that the data was really entered into the software and
that they were clearly crediting the amount collected in the Post
Office.
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6. The aforesaid material and oral evidence are sufficient
enough to frame the charges. If the aforesaid report is received
and introduced in the trial, that could be one of the additional
corroborative pieces of evidence so as to prove the case of the
prosecution. It is for the prosecution whether to rely or not to rely
on the FSL report. If the FSL report is not produced by the end of
the trial, the accused-petitioners are entitled to take advantage of
the same. Non-production of the FSL report cannot be a ground to
challenge the framing of charges. For the framing of charges, if
the materials which are available before this Court make out a
prima facie case, the same is enough to proceed. In the present
case, such material was there and the same was adverted to by
the concerned Special Judge while hearing and framing the
charges. So far as the contention with regard to the insufficiency
of the evidence is concerned, insufficiency cannot be a ground to
quash the charges. Insufficiency is a matter of appreciation of
evidence during the course of trial, not at the stage of framing of
charges; therefore, the present revision petitions are devoid of
merit and the same are liable to be dismissed.
7. Accordingly, the present criminal revision petitions are
dismissed.
8. All pending application(s), if any, shall also stand disposed
of.
(MUNNURI LAXMAN),J
220s-221s-PoonamS/-
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