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MANOJ KUMAR GARG
Puran Mal Aheer – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant revision petition has been filed by the petitioners against the orders dated 21.09.2023 & 08.12.2023 passed by the learned Additional Sessions Judge No. 1, Nimbahera, Camp Badi Sadari, District Chittorgarh whereby the learned Judge framed the charges against the petitioners for offences under Sections 148, 186/149, 189/149, 283/149, 332/149, 341,149, 323/149, 395/149 & 307/149 of IPC.
2. Learned counsel for the petitioners submits the trial court while passing the orders of framing charge against the petitioners did not consider the previous FIRs as well as statements recorded by the police under Section 161 Cr.P.C. Counsel further submits that firstly, FIR No. 124/2018 was registered at Police Station Nikumbh, District Chittorgarh for the offence under Sections 302, 201 and 34 of IPC and thereafter, FIR No. 125/2018 was registered at Police Station Nikumbh, District Chittorgarh for the offence under Sections 147, 148, 149, 323, 341, 380, 436, 438, 427, & 452 of the IPC. Thereafter, the present FIR No. 126/2018 was registered at Police Station Nikumbh, District Chittorgarh. During investigation in the present FIR, the police also considered the aforesaid FIRs a
The trial court must provide a reasoned basis for framing charges, ensuring thorough consideration of all relevant evidence.
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
At the charge-framing stage, only prima facie evidence is required, and strong suspicion is sufficient to proceed against the accused.
The trial court must provide minimum reasons for framing charges, and framing of charges is an important part of the trial that cannot be done casually.
An order framing charges in a criminal trial is not purely interlocutory or final and can be challenged in revision under certain circumstances, but generally, recourse should first be sought from th....
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, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
Charges must be framed only after considering all evidence, including supplementary reports, to ensure fair trial rights of the accused.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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