Back
MANOJ KUMAR OHRI
Tushar Mittal – Appellant
Versus
State (NCT Of Delhi) – Respondent
ORDER
Manoj Kumar Ohri, J. (Oral). - The captioned petitions have been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the common order dated 04.11.2019, whereby the learned Addl. Sessions Judge-02, District East, Karkardooma Courts, Delhi has disposed of revision petitions filed by the State and the complainant/respondent No. 2. Both the revision petitions were filed against the order dated 10.04.2019 passed by the learned MM, Mahila Court-01, East District, Karkardooma Courts, Delhi, whereby the present petitioner/accused was discharged for the offences punishable under Sections 354/354A/354D IPC in FIR No. 227/2017 registered at P.S. Preet Vihar, Delhi lodged at the instance of respondent No. 2.
2. The brief facts of the case, as illustrated by the Sessions Court in the impugned order (the name of the victim has been redacted) are as under:
"2. Briefly stated the facts of the case are that the present case was registered on the statement of complainant 'R' who has alleged in her complaint that she was working at Batra 's Homeopathy Clinic as a City Trainer ever since 13th Dec. 2013 till 22n/Sept., 2017. She had lodged a written complaint agains
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
The limited scope of inquiry at the stage of framing charges and the prima facie nature of the offences were central legal principles established in the judgment.
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
The main legal point established in the judgment is the requirement for a prima facie case and the evaluation of material by the court before framing charges under sections 227 and 228 of the Cr.P.C.
Court confirmed that charges must be based on prima facie evidence during the discharge stage, and only extremely implausible allegations warrant quashing of charges.
The necessity to establish a prima facie case at the stage of framing of charge and the power of the Sessions Court to commit a case for trial if an offence exclusively triable by the Court of Sessio....
The central legal point established in the judgment is that the Trial Court should exercise its judicial mind to determine whether a case for trial has been made out and should not conduct a roving e....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
