Back
SWARANA KANTA SHARMA
Yogesh Kumar Verma – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. The instant petition has been filed on behalf of the petitioners under Section 482 Code of Criminal Procedure, 1973 (`Cr'P.C..) assailing order dated 30.11.2022 passed by learned Additional Sessions Judge, North-East, Karkardooma Courts, Delhi in Criminal Revision No. 30/2020 vide which order dated 03.03.2020 passed by learned Metropolitan Magistrate-02, North-East, Karkardooma Courts, Delhi, framing charges under Sections 323/341/452/506/143/147/148/149 of the Indian Penal Code 1860 (`IPC') and Sections 27/30 of Arms Act, 1959 (`Arms Act') in case arising out of FIR bearing no. 125/2013, registered at Police Station Seelampur, Delhi, was upheld.
2. The case of prosecution in brief is that on 14.03.2013, an information was received at P.S. Seelampur, Delhi that some persons had beaten one person namely Sh. Ishwar Chand at Shiv Mandir, double storey, New Seelampur, Delhi and upon reaching the spot, the concerned police official had found that the injured had already been taken to JPC Hospital, Shastri Park, Delhi. Upon reaching the hospital, the MLC of injured was collected and his statement was recorded, who informed that when he was sitting with t
The court emphasized the importance of evaluating the evidence to determine whether a prima facie case against the accused had been established, as well as the specific elements of the alleged offens....
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 intention or knowledge of an accused under Section 308 IPC has to be ascertained only prima facie at the stage of charge, based on the injury caused to the victim.
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.
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
