ISSUE:
Whether the High Court was justified in allowing the application filed by the accused to declare that the charges framed by the Additional Sessions Judge were null and void as they were obtained by fraud?
RULE:
Fraud is a deliberate act or omission to mislead another person to gain undue advantage. The presence of fraud in any proceeding or transaction results in its nullity. Thus, to establish fraud, strict pleading and proof is required.
Section 401 of the Code of Criminal Procedure empowers the High Court to suspend, remit, or revise any sentence or order passed by an inferior criminal court.
Section 307 of the Code of Criminal Procedure empowers the High Court or the Court of Session to call and investigate the record of any proceeding before any subordinate court.