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2013 Supreme(Del) 201

KAILASH GAMBHIR
STATE – Appellant
Versus
BHAWNA SHARMA – Respondent


Advocates:
Advocate Appeared:
Mr. Naveen Sharma, APP for the State.
Mr. Kaushal Yadav with Ms. Mamta Rani, Advs.
Mr. Naveen Sharma, APP for the State.
Mr. Naveen Gaur with Mr. Abhijeet Bhagat, Advs., SI Rajinder Prasad, PS Hari Nagar

ORDER

1. By this order I propose to dispose of two criminal revision petitions filed by the State as well as by private party challenging the common order dated 5.11.2011 whereby the learned Trial Court has discharged the co-accused, Mrs. Bhawna Sharma for the commission of offences under Sections 306/406/420/34 IPC.

2. Criminal Revision Petition has been preferred by the State to assail the said order dated 5.11.2011 mainly on the ground that the suicide note itself contains specific allegations against the co-accused Bhawna and such allegations against Bhawna are strong enough to frame charges against her for committing the offences under Sections 306/406/420/34 IPC.

3. Addressing arguments for the State, Mr. Naveen Sharma, APP for the State submits that at the stage of framing of charges the trial court is required to look into the prosecution case only and not the defense of the accused person, which can be appreciated only during the trial of the case. Counsel also argued that the learned Trial Court has wrongly observed that the allegations against the co-accused Bhawna Sharma are superficial in nature and does not make out a strong prima facie case against her for framing of






















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