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2026 Supreme(All) 633

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
RAM MANOHAR NARAYAN MISHRA, J.
Sandeep and Others – Appellants
Versus
State of U.P. and Another – Respondents
Criminal Revision No. 494 of 2026
Decided On : 12-05-2026

Advocates Appeared:
For the Appellant : Vaibhav Gupta

At the stage of framing charges, the court must satisfy itself that a prima facie case exists based on grave suspicion. It is not required to perform a detailed evaluation of evidence or resolve contradictory statements, as these are matters to be determined during the course of a full trial.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 227 and 228 - Framing of charges - Discharge - The court at the stage of framing charges is empowered to sift and weigh materials for the limited purpose of determining if a prima facie case exists - The court is not required to conduct a trial or evaluate the sufficiency of evidence for conviction but must be satisfied that a grave suspicion exists - The trial court should not act as a mere post office or mouthpiece of the prosecution but must apply its judicial mind to the broad probabilities. (Paras 9, 10, 11, 12)

(B) Indian Penal Code, 1860 - Sections 326-A and 326-B - Grievous hurt by use of corrosive substances - The nature of the injury as simple or grievous is irrelevant if the injury falls within the specified categories of the offence - The gravity of the offence is determined by the presence of hazardous substances and the intent or knowledge of causing harm rather than the percentage or permanence of the injury. (Paras 18, 19)

Facts of the case:
The accused applicants sought the quashing of an order framing charges against them for offences involving cruelty, attempted murder, and injuries caused by hazardous substances. The applicants argued that the victim had provided conflicting accounts, including statements claiming the injuries were accidental, and asserted that the trial court failed to properly consider this exculpatory evidence in deciding the discharge application.

Findings of Court:
The Court held that the existence of conflicting statements by the victim does not mandate discharge at the stage of framing charges. The authenticity of the victim's version should be tested through evidence adduced during the trial. As substantial material justified proceeding further, there was no ground to interfere with the trial court's order.

Issues: Whether the trial court is required to evaluate the probative value of contradictory evidence when framing charges and whether the existence of an exculpatory statement entitles the accused to immediate discharge.

Ratio Decidendi: At the stage of framing charges, the duty of the court is restricted to identifying if a prima facie case exists based on grave suspicion. A detailed inquiry into the pros and cons of the evidence or sifting for definitive proof of guilt is not the standard; if the facts taken at face value suggest the possibility of an offence, the trial must proceed.

Result: Revision dismissed.

Table of Content
1. procedural context of the criminal revision petition filed against the framing of charges. (Para 1 , 2 , 3)
2. judicial standard for sifting evidence and framing charges per established supreme court precedents. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. assessment of witness statements and the admissibility of conflicting evidence at the charge-framing stage. (Para 14 , 15 , 16 , 17)
4. statutory application of section 326a and 326b ipc regarding injuries caused by corrosive substances. (Para 18 , 19 , 20 , 21)
5. final order dismissing the revision without precluding trial court's future findings. (Para 22 , 23 , 24)

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.

2. Learned counsel for the revisionist has also filed written submissions.

3. By means of instant criminal revision, the revisionists have prayed to quash/set aside the order dated 21.02.2026 passed in S.T. No. 216 of 2026 ( State vs. Sandeep Soni and Ors. ) by the Learned Additional Sessions Judge Vth, Sitapur relating to Case Crime No. 765/23, U/s 498-A, 354, 307, 342, 323, 326-A of IPC, relating to P.S. Hargaon, District-Sitapur, so far as it relates to the present revisionists, as well as the entire criminal proceedings pending against the revisionists.

4. At the outset, learned A.G.A. submits that the charges have been framed against accused- revisionists by learned trial court vide order dated 21.02.2026 under Sections 498- A, 354, 307, 342, 323, 326-A IPC. The revision against framing of charges at the instance of accused- revisionists is not maintainable. As such the only course open for the revisionists is to face trial and put fourth their case at the appropriate stage after farming of charges, trial has commenced and the accused- revisionists will have opportunity to set out their defence. He also submits that after framing of charges, the same cannot be be deleted.

5. Per contra, learned counsel for the revisionists submits that the learned trial court has framed charges against the revisionists in cursory manner without looking into the oral evidence and the medical evidence collected during investigation.

6. Learned counsel for the revisionists next submitted that as per the statement of the victim subsequently made before the doctor, she is resiling from the recital made in the FIR lodged by her brother and it is also relevant fact that no smell of petrol etc. was found and that wife of revisionist no.1 got burnt accidentally on her own and there was no foul play . Subsequently, the victim in her statement under Section 164 Cr.P.C. has stated that the doctor forcefully made her to write that she herself poured hot water on her person. She has also stated in her statement under Section 164 Cr.P.C. that she is still residing at her parental place. She has made wrong statement under Section 164 Cr.P.C. that her father- in-law poured some substance on her back and Shiva had lit a matchstick due to which she sustained serious injuries. He also submitted that no case under sections 307 and 326-A IPC is made out on the basis of evidence collected during investigation.

7. Learned counsel for the revisionist further submitted that the revisionists has filed Criminal Misc. Writ Petition No. 179 of 2024 ( Sandeep and others Vs. State of U.P. and others ) before this Court with the prayer to quash the FIR lodged in the case under the aforesaid sections wherein this Court considered the submissions made on behalf of the revisionists that all the family members have been roped in by the brother of the victim whereas, the victim has subsequently resiled from occurrence of any such incident. This Court directed that the petitioners shall not be arrested in the said case unless there is sufficient and credible evidence available against the them indicating commission of criminal offence as alleged in the impugned FIR.

8. Learned counsel for the revisionists las

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