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FARJAND ALI
Sunita W/o. Sh. Naresh Kumar – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. By way of filing the instant Criminal Revision Petition, challenge is made to the correctness, legality and propriety of the order dated 25.05.2022 passed by the learned Additional District & Sessions Judge, Bhadra, District Hanumangarh, whereby the learned Court has framed charge against the petitioner under Sections 307, 326/34 of the IPC.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and learned counsel for the respondent No.2. Perused the impugned order and other material available on record.
3. After going through the order impugned dated 25.05.2022, this Court is not satisfied with the manner in which the order framing charge has been passed, it seems that the submissions made on behalf of the accused and the facts in nutshell have not been incorporated. It is true that at the stage of framing charges, meticulous appreciation of evidence is not required to be done nor the probative value of the defence is to be taken into account but at least, bare minimum fact necessary to show constitution of offence as well as the mandate of law contained under Sections 227 & 228 of the Cr.P.C. are to be taken care of. A prima facie op
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 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....
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 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....
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.
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