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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Kali Dass – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. background of firs and fake allotment orders racket (Para 1 , 5 , 6 , 7 , 8 , 12) |
| 2. petitioners lacked direct evidence of forgery preparation (Para 2 , 3 , 4 , 9 , 10 , 11 , 13 , 14 , 15 , 18) |
| 3. prosecution shows prima facie connivance in forgery use (Para 16 , 17) |
| 4. low threshold for framing charges on grave suspicion (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. co-accused statements not sole basis; circumstantial evidence suffices (Para 25 , 26 , 27 , 28) |
| 6. separate firs permissible for distinct conspiracy (Para 29 , 30 , 31) |
| 7. dismiss petitions; proceed to trial on prima facie case (Para 32 , 33 , 34 , 35) |
JUDGMENT :
SANJAY PARIHAR, J.
1. These two petitions arise out of a common order dated 15.12.2012 passed by Principal Sessions Judge, Jammu, hereinafter referred to as “the trial Court”, in a case arising out of FIR No. 31/2006 registered at Police Station, Peer Mitha, Jammu, for commission of offences under Sections 3/7 of the Essential Commodities Act and Sections 419, 420, 467, 468 and 471 RPC. By virtue of the impugned order, the petitioners came to be discharged for offences under Sections 467 and 471 RPC, but were directed to be charged for offences under Section
At charge framing, grave suspicion from prosecution material suffices for trial; co-accused s.161 statements supportive not sole basis; multiple FIRs valid for distinct specific incident vs. larger c....
Point of law: As per the requirement of Section 227 and 228 of the Cr.P.C., the learned Judge shall consider whether “sufficient grounds” exist or not and such consideration shall be supported by mat....
Investigation into offence and elaborate appreciation of evidence is not required, and is rather discouraged, at stage of framing of charges and only material prima facie establishing a case against ....
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
The main legal point established is that the existence of strong suspicion, based on material such as witness statements, is sufficient to warrant a trial. Additionally, the burden is on the prosecut....
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
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.
At CrPC Section 227 discharge stage, prima facie case assessed sans detailed evidence scrutiny; submitted photocopies qualify as primary evidence; investigating officers may obtain voluntary specimen....
The court held that registration of FIR is mandatory when allegations disclose cognizable offences, and any discretion to omit such registration is legally impermissible.
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