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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Babulal Hansda, aged about 30 yrs, s/o late Gurba Hansda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the order dated 28.06.2022 passed by the learned Additional Sessions Judge-II, Seraikella in S.T. Case No. 90 of 2022 whereby and where under, the learned trial court has framed charges for the offence punishable under Sections 304B of Indian Penal Code and alternatively under Section 302 of Indian Penal Code.
3. Learned counsel for the petitioner submits that so far seven prosecution witnesses have been examined after framing of the charge and the case is next fixed to 11.11.2025 for recording of further evidence.
4. The brief fact of the case is that the petitioner is accused of having committed the offence punishable under Section 304B of Indian Penal Code. Charge sheet was submitted against the petitioner under Section 304B of Indian Penal Code. Cognizance of the offence was also taken against the petitioner under Section 304B of Indian Penal Code. At the time of framing of charge, the learned Additional Sessions Judge-II, Seraikella has recorded that there is sufficient material to frame charges under
A charge under Section 304B IPC cannot substitute for a murder charge under Section 302 IPC; the main charge must reflect the evidence available.
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
The High Court's revisional jurisdiction limits intervention in Trial Court decisions unless there is a clear error or injustice, especially regarding the framing of charges under the Criminal Proced....
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.
The power to alter the charge under Section 216 Cr.P.C. is exclusive to the Court and can be exercised at any time before the judgment is pronounced. The alteration must be founded on material availa....
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