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MANOJ KUMAR GARG
Sunil Medicos, Hospital Road – Appellant
Versus
State, Through Durg Control Inspector – Respondent
ORDER
1. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing the criminal proceedings pending before learned Sessions Judge, Merta in Sessions Case No.15/2018 and order dated 23.07.2019 against the petitioners for offence under Sections 27, 28, 22 of Drugs and Cosmetics Act whereby charge of the case have been framed against the petitioners.
2. Learned counsel for the petitioners submits that the case against the petitioners is pending before District and Sessions Judge, Merta. The case falls within the category of warrant case instituted on a complaint in which, it is mandatory that the precharge evidence should have been recorded before framing the charge against the petitioners but in this case the trial Court had not taken the pre-charge evidence and straightaway framed the charge against the petitioners. In these circumstances, the order regarding framing of charge is per se illegal and deserves to be set aside.
3. Learned Public Prosecutor oppose the prayer made by learned counsel for the petitioners.
4. I have considered the arguments advanced before me and perused the material available on record.
5. The question for consideration b
The sufficiency of materials for framing charges only relies on available documents and necessary procedures under criminal law.
Opportunity of hearing before framing of charge under Section 240 of Cr.P.C.
Evidence recorded in a summons trial may be used when converted to a warrant trial, provided procedural integrity is maintained.
The main legal point established is the requirement for the court to consider the materials before framing charges, especially in cases involving serious allegations.
At the time of framing charges, the court is not required to analyze the probative value of evidence and materials, but only to draw a presumptive opinion as to the probability of the commission of t....
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....
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
The court held that an FIR does not become void due to the victim's retraction of support, and the authority to amend charges is retained by the trial court during the charge framing stage.
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