As per case facts, Romesh Sharma was accused of criminal conspiracy to murder Babloo Shrivastava, based on tape-recorded conversations with alleged Abu Salem. An FIR was registered in 1998, and ... charges were framed in 2004 under Section 120B read with Section 302 IPC. The Petitioner challenged the Order on Charge, arguing that the Investigating Officer was also the complainant, the tape-recorded evidence lacked proper chain of custody and sealing, the co-conspirator's voice was not identified, and there was no independent evidence or overt act to corroborate the alleged conspiracy. The question arose whether the prosecution presented sufficient reliable evidence, particularly the electronic surveillance, to prima facie establish a criminal conspiracy against the Petitioner, considering the procedural infirmities and lack of corroboration. Finally, the Court held that the investigation was vitiated due to the Investigating Officer being the complainant, and the electronic evidence was unreliable due to compromised integrity and unconfirmed identity of the second speaker. Without independent corroboration or physical manifestation of an agreement, the singular audio cassette could not be the sole basis for a prima facie case. The impugned Order on Charge was set aside, and the Petitioner was discharged.