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MANOJ KUMAR GARG
Kamal Shah S/o Sh. Lahar Chand Shah – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
1. The petitioner has preferred this petition under Section 482 of Cr.P.C. against the order dated 19.11.2022 passed by learned Additional Sessions Judge No.5, Udaipur in Criminal Revision No.57/2018 vide which the learned Revisional Court has dismissed the revision petition of the petitioner and affirmed the order dated 18.07.2018 passed by learned Special Additional Chief Judicial Magistrate, (PCPNDT Act, Cases) Udaipur in Criminal Regular Case No.7970/2017 by which the trial Court framed charges against the petitioner for offence under Section 420 IPC.
2. Learned counsel for the petitioner submits that both the learned courts below have not considered the material aspects of the matter while taking cognizance and framed the charges against the petitioner. Furthermore, learned revisional Court has also dismissed the revision petition of the petitioner vide order dated 19.11.2022, which is bad in eye of law. Counsel submits that bill of bearings no.23148 shows that it was genuine. Counsel further submits that the proceedings for offence under Section 138 of N.I. Act were initiated by the complainant and a compromise was arrived at between the parties and thereafter a civil s
There are no limits of powers of Court under Section 482 of Code but more power, more due care and caution is to be exercised in invoking these powers.
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.
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
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