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SAMIR J. DAVE
Mansiben Mahendrabhai Vyas – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present criminal revision application is filed by the applicant with a prayer to quash and set aside the order dated 28/06/2021 passed below Exh.25 in Criminal Case no.1468 of 2018 by the learned Principal Senior Civil Judge Gondal and further be pleased to discharge the applicant from the offence punishable under Sections 409, 464, 467, 468, 471 and 114 of the Indian Penal Code, 1860.
2. Brief facts of the case are stated as under:
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
The court upheld the rejection of a discharge application, emphasizing that a prima facie case must exist without conducting a mini-trial, affirming the principles of evidence evaluation at the disch....
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