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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Anuj Kumar S/o Keval Chand Arora – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
BY THE COURT:-
1. The instant criminal revision petition has been instituted under Sections 397 and 401 of the Code of Criminal Procedure, 1973, laying a challenge to the order dated 24.03.2018 passed by the learned Additional District and Sessions Judge, Sri Karanpur, District Sri Ganganagar, in Criminal Revision No. 27/2015. By virtue of the impugned order, the learned revisional Court allowed the revision preferred by the State, set aside the order dated 18.03.2015 rendered by the learned trial Court in Criminal Original Case No. 709/2013, and directed that the present petitioners be proceeded against for offences under Sections 454, 457, 380 and 201 IPC, including issuance of warrants of arrest.
2. The factual matrix, when delineated in its essential contours, reveals that on 25.10.2012, seed godowns belonging to the petitioners were subjected to inspection by the competent authorities, culminating in their seizure under the provisions of the Essential Commodities Act, 1955, particularly under Section 3/7 read with Section 6(A).
2.1. Subsequently, by order dated 12.11.2012, the District Collector directed auction of the seized seeds. In furtherance thereof, t
The judiciary must uphold statutory safeguards in charge framing, ensuring independent judicial reasoning and preserving defendants' rights under Articles 14 and 21 of the Constitution.
Criminal proceedings require substantial, corroborative evidence, and charge framing must reflect judicial application rather than mechanical adherence to procedural norms under the NDPS Act.
The court has the power to frame charges against an accused person if there is sufficient evidence to establish a prima facie case against him.
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
At the charge framing stage, prima facie evidence must substantiate serious suspicion; the trial court is not to weigh evidence but must proceed based on materials presented by the prosecution.
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.
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