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DELHI HIGH COURT
RAJNISH BHATNAGAR
Shakiluddin @ Babloo – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. details of the incident leading to charges (Para 2 , 3) |
| 2. arguments from the petitioner regarding the charge (Para 4 , 5 , 6) |
| 3. court's analysis on framing of charge (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's observation on petitioner's lack of representation (Para 12) |
| 5. final decision and order of dismissal (Para 13 , 14) |
ORDER
Rajnish Bhatnagar, J. The present revision petition U/s 397/401 Cr.P.C. has been filed by the petitioner/revisionist with prayer to set aside the impugned order Dated 09.01.2020 passed by Ms. Neelofer Abida Perveen, Additional Sessions Judge, (Central), Tis Hazari Courts, Delhi vide which the Ld. Trial Court ordered to frame the charge U/s 302 IPC against the petitioner/revisionist.
2. In brief, the facts of the case are that on 29.12.2017, complainant alongwith his son went to house No. 808, Kamra Bangash to attend the marriage of son of one Shahid who was also residing at Kamra Bangash. During the barat procession, the complainant, his son and other persons were watching the barat from roof. The petitioner/revisionist was also present in the said barat and at about 11:00 p.m. petitioner/revisionist started firing from his pistol and fired on
At the stage of framing of charge, only a prima facie view is to be taken and if the material on record could lead to the conclusion that the commission of the offense is a probable consequence, a ca....
Charges under serious IPC sections require clear prima facie evidence; lack thereof necessitates quashing such charges.
The court established that the standard for framing charges is a presumption of guilt based on available evidence, distinct from the standard required for conviction.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
The trial Court must independently evaluate the material on record to form an opinion for framing charges and should not act as a mouthpiece of the prosecution.
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
At the stage of framing charges, only prima facie evidence is required, and strong suspicion is enough to frame charges. The court referred to various legal principles and precedents to support its d....
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