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HARKESH MANUJA
Harbans Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of case and prior decisions. (Para 1 , 2 , 3) |
| 2. arguments regarding application under section 323 crpc. (Para 4 , 5) |
| 3. court's reasoning on maintaining charges. (Para 6 , 7 , 8) |
| 4. final dismissal of the petition. (Para 9) |
Judgment
Mr. Harkesh Manuja, J.
By way of present petition filed under Section 482 CrPC, prayer has been made for setting aside orders dated 21.02.2018 and 09.03.2021 passed by the Courts below whereby an application filed under Section 323 CrPC, at the instance of petitioner-complainant for committing the case to Court of Sessions by framing charge under Section 302 IPC stands declined.
2. In the present case, arising out of an incident dated 26.05.2014, FIR No.35 dated 04.06.2014 under Sections 323 , 325 and 34 IPC was registered at P.S. Phul, District Bathinda, based on a complaint submitted by one Mohinder Singh who later unfortunately expired on 06.06.2014 resulting into inclusion of offence under Section 302 IPC in the aforementioned FIR. Upon investigation, based on statement made by doctors, challan was filed under Section 323 , 325 and 34 IPC. Having considered the challan as well as having heard the parties, trial Court ordered f
The discretionary nature of Section 228(1)(a) Cr.P.C and the absence of a mandatory requirement for the Sessions Court to frame charges before transferring the case to the Chief Judicial Magistrate.
The Court emphasized the importance of correctly interpreting and applying the provisions of CrPC Chapter XVIII, particularly in relation to the consideration of evidence and framing of charges in se....
Section 323 Cr.P.C reads as procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
The court upheld the framing of an additional charge under Section 376, affirming that a de novo trial is required after a case is committed to the Sessions Court.
The omission to specify the exact offence in a committal order is not fatal if the evidence clearly supports the need for a Sessions trial.
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
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