IMPORTANT POINT
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.

ORDER :

1. Instant criminal revision petition has been filed by the petitioners against the order dated 21.05.2024 passed by the learned Additional Sessions Judge No. 2, Bikaner in Sessions Case No. 27/2023 whereby, the trial court has framed charges against the petitioners for offences under Sections 302, 201, 120B IPC.

2. Brief facts of the case are that the respondent complainant filed a FIR stating therein that he was having an agricultural land situated a Jaipur road, Bikaner and some of the property was sold by his father and forefather. It was alleged that the petitioners and other persons illegally got transferred some part of the property in their name. It was further alleged that since respondent no. 2 was residing outside, therefore, he had given power of attorney to daughter Monalisa who was handling the property and the disputes going on with regard to the property. It was alleged that on 04.02.2021, one Bhawani Singh alongwith other persons killed her daughter.

3. The police after investigation filed chargesheet against accused Bhawani Singh under Section 302 IPC and against accused Mukesh Dholpuria, Naresh Dhawal under Section 465, 468, 471, 120B IPC and against the accused Poonam Yadav, for offence under Section 201 and 120B IPC. The investigation in respect of present petitioners and one Jaswant Singh was kept pending. Thereafter, charges were framed against co-accused.

4. During trial, statement of complainant PW-1 Swapna Choudhary, PW-2 Uma Shankar Gupta and PW-3 Smt. Runa Choudhary were recorded.

5. The respondent no. 2 filed an application under Section 319 Cr.P.C. for taking cognizance against the present petitioners. The learned Trial court vide order dated 23.02.2024 allowed the application and took cognizance against the present petitioners for offence under Sections 302, 201 & 120B IPC. Feeling aggrieved, the present petitioners preferred a revision petition before this Court being S.B. Criminal Revision Petition No. 314/2024 in which a limited prayer was made that the arrest warrant issued against the petitioners may be converted to bailable warrant. The said prayer was accepted by this Court and the revision petition was disposed of.

6. The petitioners appeared before the trial court on the date fixed by this Court and subsequently, arguments were heard on the question of framing charges against the petitioners. The learned trial court vide order dated 21.05.2024 framed charges against the petitioners for offence under Sections 302, 201 and 120B IPC. Hence, this revision petition.

7. Learned counsel for the petitioners submits that after thorough investigation, the police had exonerated the present petitioners in two paras of the chargesheet, details reasons were given including the fact that the civil suits between the parties were decided in favour of the petitioners’ side. So far as the witnesses Swapna Choudhary, Smt. Runa Choudhary and Umashankar Gupta are concerned, they have not alleged any specific act against the petitioners in their court statements. It is argued that while framing charges against the petitioners, the trial court has not considered the detail reasons given by the police for exonerating the petitioners and mechanically framed charges. Thus, the trial court has not properly looked into the matter and therefore, the order passed by the learned trial court is liable to be set aside.

8. Per contra, learned Public Prosecutor and counsel for the respondent no. 2 argued that the trial court after considering the chargesheet so also statements of witnesses has rightly framed charges against the petitioners. It is argued that the petitioners had previously challenged the order of taking cognizance, however, the petitioners chose not to challenge the order on merits and a limited prayer was made to convert the arrest warrant into bailable warrant. However, now the trial court after taking into consideration the entire facts and evidence, having found prima facie case, has framed charges agai