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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIJAY – Appellant
Versus
STATE OF HARYANA – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. CRM-45185-2025
Prayer in this application is for condoning the delay of 04 days in filing the accompanying revision petition.
For the reasons stated in the application, the delay of 04 days in filing the present revision petition is hereby condoned.
2. CRR-2839-2025 (O&M)
The instant revision petition has been filed by the petitioner against the order dated 07.08.2025, passed by the Court of learned Additional Sessions Judge, Rohtak in case bearing FIR No. 04 dated 08.01.2025, registered under Sections 109(1), 115(2), 118(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), whereby an application filed by him under Section 250 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking discharge from commission of offence punishable under Section 109(1) of BNS, had been dismissed and charges under Sections 118(2), 351(3) and 109(1) of BNS were framed against him.
3. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a complaint filed by complainant Suresh alleging that on 08.01.2025, the petitioner along with co-accused Jackie, Manoj, Dinesh and
At the stage of framing of the charge, the accused has no right to produce any material, and the trial court has to apply its judicial mind to the facts of the case to determine whether a case has be....
Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of qua....
Insufficient evidence warrants discharge under Section 227 of the Cr.P.C.; previous acquittals of co-accused negate grounds for continued prosecution.
The court determined that at the discharge stage, only a prima facie case is considered, and sufficient evidence of grievous injury justified framing charges under attempted murder.
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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