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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Bishwajeet Prakash, S/o Sri Hari Om Prakash – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. representation of parties and procedural aspects. (Para 1 , 2) |
| 2. nature of the appeal and prior proceedings. (Para 3 , 6) |
| 3. arguments on behalf of the petitioner and state. (Para 4 , 5) |
| 4. court's reasoning on charges under the ipc. (Para 7 , 8) |
| 5. final decision on charges and appeal outcome. (Para 9 , 10 , 11) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. M.B. Lal, learned counsel appearing for the petitioner and Mr. Bishwambhar Shastri, learned A.P.P. for the State.
2. Notice upon the O.P. No. 2 has already been effected, however he has chosen not to appear in the matter and earlier the matter was adjourned several times.
3. This revision petition has been preferred against the order dated 20.09.2019, passed by the learned Additional Sessions Judge-II- FTC, Bokaro, in S.T. No. 278 of 2019, arising out of Chandankiyari P.S. Case No. 15 of 2018 corresponding to G.R. No. 231 of 2018, whereby, the petition filed by the petitioner under Section 227 of the Cr.P.C. for discharge has been rejected by the learned court and the learned court has held that this is a fit case to frame charge under Sections 302 and 304-B of the Indian Penal Code.
Court's authority to frame and alter charges depends on the presence of prima facie evidence, distinguishing between murder and dowry death charges under relevant legal provisions.
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
Discharge of accused – Stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of charge (under Section 228 Cr.P.C.) and it is at that stage alone that court can consider application....
The main legal point established in the judgment is the importance of evaluating the evidence at the stage of framing charges, emphasizing the need for strong suspicion based on material to justify f....
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
The court emphasized the standard of test and judgment to be applied at the stage of deciding the matter under Section 227 of Cr.P.C., highlighting that the court is not required to make a roving enq....
The Court determined that at the charge framing stage, a strong suspicion based on available evidence is sufficient to proceed with the trial.
The court upheld that at the discharge stage under Section 227 Cr.P.C., all relevant materials must be considered, allowing for sufficient grounds to discharge an accused if charges lack substantial ....
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