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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Lagnesh Verma – Appellant
Versus
State of H.P – Respondent
Cr.M.P(M) No. 129 of 2026
1.For the reasons enumerated in the application, delay of 16 days’ in filing the appeal is condoned. The application stands disposed of.
Cr. Appeal No.3 of 2026
2. Be registered.
3. By way of present appeal, the appellant has laid challenge to the order dated 23.09.2025, passed by the learned Special Judge, Kinnaur Sessions Division at Rampur Bushehar, whereby charges under Sections 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 3(2) (Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short” SC & ST (Prevention of Atrocities) Act, 1989), had been framed against him.
4. This Court had asked the learned counsel for the appellant as to how the appeal is maintainable against an order of framing of charge.
5. Learned counsel for the appellant has vehemently argued that the order framing the charge cannot be termed as an interlocutory order and, therefore, an appeal against framing of charge is maintainable. In support of his arguments, he placed reliance upon the following judgments:-
(i) 1977 (4) SCC 137 titled Amar Nath and others vs. State of Haryana and ano
Order framing charges is interlocutory, not final or appealable under Section 14A of SC&ST Act, as it neither terminates proceedings nor decides parties' rights conclusively; alternative remedies ava....
Appeal is provided only from any judgment, sentence or order, not being an interlocutory order, to a Division Bench of High Court both on facts and on law – Order framing Charge, as against final ord....
The main legal point established in the judgment is the interpretation of 'interlocutory order' under Section 21 of the NIA Act, 2008 and its applicability to the order of framing charge.
The order framing charges under the NIA Act is classified as an interlocutory order, which is not appealable, thereby reinforcing the legislative intent for expeditious trials.
It seems well settled that at the Sections 227-228 stage the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom taken at the....
Extension of detention - if there is a requirement of the investigation to seek for an extension of the detention of the accused, which again would be for the interest of the investigation, there wou....
The court clarified that an order allowing expert opinion under Section 45 of the Evidence Act is an intermediate order affecting rights, not merely interlocutory, and the court cannot collect eviden....
An appeal does not lie under Section 21 of the NIA Act against an order framing charges. The court emphasized the limited scope of appeal allowed by the Act and the need to consider the purpose and c....
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