JUDGMENT

Index To The Judgment

FACTUAL BACKGROUND

ARGUMENTS ADDRESSED BEFORE THIS COURT

LAW ON FRAMING OF CHARGE

ANALYSIS AND FINDINGS

i. Material Against The Respondents/Accused

ii. Role of Trial Court At The Stage of Framing of Charge

iii. Gender Based Presumptions Untenable If Not Provided By Law

CONCLUSION

Swarana Kanta Sharma, J. The present Criminal Revision Petition under Sections 397/401 of Criminal Procedure Code, 1973 (`Cr.P.C.') has been filed on behalf of petitioner/State seeking setting aside of impugned order dated 06.09.2019 passed by learned Additional Sessions Judge-03, Shahdara, Karkardooma Courts, Delhi (`Trial Court') arising out of FIR bearing no. 667/15 under Sections 147/148/149/323/341/307/365/114 of Indian Penal Code, 1860 (`IPC') and Section 27 of Arms Act, 1959 filed at Police Station Nand Nagri, Delhi.

FACTUAL BACKGROUND

2. Briefly stated, the facts of the present case are that an FIR was registered on 30.06.2015, on the statement of complainant Akash, who had stated that one Satpal was murdered three months prior and thereafter, his paternal grandfather, and three uncles had been in judicial custody in that murder case. The complainant had alleged that his house,