P.SATHASIVAM, ANIL R.DAVE
Sajjan Kumar – Appellant
Versus
Central Bureau of Investigation – Respondent
Key Points: - The judgment outlines the scope and principles of Sections 227 and 228 Cr.P.C. for framing charges and discharge, including consideration of records, submissions, and the distinction between grave suspicion and mere suspicion. (!) (!) (!) (!) (!) (!) (!) (!) (!) - It clarifies that when framing charges, the court may sift and weigh material to determine a prima facie case and grave suspicion, without conducting a full trial; two plausible views may lead to discharge if only suspicion is present. (!) (!) (!) (!) (!) (!) (!) (!) - The decision discusses speedy trial under Article 21, balancing factors to determine prejudice from delay, and permits continuing prosecution with possible remedies but emphasizes testing materials at trial rather than quashing solely due to delay. (!) (!) (!) (!) (!) (!) (!) - The Court held that framing of charges in this case was not bad in law or an abuse of process, but it directs the trial court to complete the case as early as possible given the long passage of time since the alleged incident. (!) (!) - The proceedings arose from 1984 anti-Sikh riots; CBI charge-sheeting and re-investigation were upheld as proper under Cr.P.C. prior to trial. (!) (!) (!) (!)
JUDGMENT
P. Sathasivam, J.
1) Application for intervention is allowed.
2) Leave granted.
3) This appeal is directed against the order of the High Court of Delhi at New Delhi dated 19.07.2010 whereby the learned single Judge confirmed the order dated 15.05.2010 passed by the District Judge-VII/NE-cum- Additional Sessions Judge, Karkardooma Courts, Delhi in S.C. No. 26/10, RC SII 2005 S0024. By the said order, the Additional Sessions Judge has ordered the framing of charges against the appellant for offences punishable under Section 120B read with Sections 153A, 295, 302, 395, 427, 436, 339 and 505 of the Indian Penal Code (hereinafter referred to as "IPC") and for the offence under Section 109 read with Sections 147, 148, 149, 153A, 295, 302, 395, 427, 435, 339 and 505 IPC, besides framing of a separate charge for offence punishable under Section 153A IPC and rejected the application for discharge filed by the appellant.
4) Brief Facts:- (a) The present case arises out of 1984 anti-Sikh Riot cases in which thousands of Sikhs were killed. Delhi Police has made this case a part of FIR No. 416 of 1984 registered at Police Station Delhi Cantt. In this FIR, 24 complaints were investigated pe
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