Back
SAMIT GOPAL
Mohd Haroon – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The present application under Section 482 Cr.P.C. has been filed by the applicant-Mohd Haroon with the prayer to quash / set-aside of rejection order of Discharge Application dated 15.11.2022 in Case No. 10417 of 2022 (State Vs. Mohd Haroon) arising out of Case Crime No. 248 of 2022, under Sections 354, 354-A, 354-D and 509 I.P.C., Police Station Kotwali, District Hamirpur with a further prayer to stay the further proceedings of the said case pending in the Court of Civil Judge (Jr. Division), F.T.C. Crime against Women Court, Hamirpur.
2. The facts as set out in the case are that a first information report was lodged on 19.08.2022 by the opposite party no.2 for an incident which took place from 25.07.2022 to 18.08.2022 which was lodged as Case Crime No. 248 of 2022, under Sections 354 (Ga), 354 (Gha) I.P.C., Police Station-Kotwali, District Hamirpur against the applicant Mohd. Haroon, Advocate, Hamirpur. The contents of the said first information report which set out the prosecution case are extracted herein below:-
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The power of quashing criminal proceedings should be exercised sparingly and with circumspection, and listed several principles to be considered for proper exercise of jurisdiction, particularly with....
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 main legal point established in the judgment is the maintainability of a 482 application against the rejection of a discharge application and framing of charges, as well as the limitations on fil....
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 central legal point established in the judgment is that the Trial Court should exercise its judicial mind to determine whether a case for trial has been made out and should not conduct a roving e....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
