Case Law Analysis
|Jammu & Kashmir and Ladakh High Court
Article 21 Mandates Forensic Probe Before Framing Charges | Custodial Role Must Be Established First : J&K HC Quashes Charges for Record Tampering
The J&K High Court set aside charges under the Prevention of Corruption Act and RPC Sections 467, 468, 471, and 120-B, ruling that Article 21 requires a fair investigation to establish the custodial role of the accused before trial. The court emphasized that framing charges without probing the accused's tenure and involvement violates constitutional safeguards, reinforcing the need for a forensically grounded probe in criminal proceedings.