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AMIT SHARMA
State – Appellant
Versus
Sanjay @ Surender Kharb – Respondent
JUDGMENT
Amit Sharma, J. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`CrPC'), has been preferred by the State assailing the order on charge dated 07.02.2013, passed by the learned Additional Session Judge/Special Judge (NDPS), Outer District, Rohini Courts, Delhi, whereby, the learned Additional Session Judge/Special Judge, discharged the respondent under Sections 302/365/201/120B of the Indian Penal Code (`IPC'), in FIR No. 12/2010, registered at P.S. Prashant Vihar.
2. Briefly stated, facts relevant for adjudication of the present petition are as under:
i. On 16.01.2010, FIR No. 12/2010, under Section 365 of the IPC was registered at P.S. Prashant Vihar at the instance of Lalit Sharma, the brother of the deceased, since the latter was missing since the evening of 14.01.2010.
ii. After the registration of the FIR, statements of Lalit Sharma (brother of the deceased), Kavita Sharma (sister of the deceased), Sachin Kumar, Sanchit Arora and Rupesh Gupta (friends of the deceased) were recorded. The Call Detail Record (`CDR') of the deceased and accused/suspect Devender @ Madan @ Guddu @ Rajesh were obtained and examined.
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
The power under Section 319 Cr.P.C. to summon an additional accused must be exercised if there is a strong prima facie case; at this stage, the court should not conduct a mini-trial or weigh evidence....
The court established that the threshold for proceeding against an accused at the charge framing stage is based on the existence of a prima facie case, and that the judge must not engage in a detaile....
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
At the stage of framing of the charge, the accused has no right to produce any material, and the trial court has to apply its judicial mind to the facts of the case to determine whether a case has be....
The court determined that at the discharge stage, only a prima facie case is considered, and sufficient evidence of grievous injury justified framing charges under attempted murder.
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