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RAKESH THAPLIYAL
Mithileshwar Singh – Appellant
Versus
State of Uttarakhand through D. M. , Almora – Respondent
JUDGMENT :
Hon’ble Rakesh Thapliyal, J.
The instant Criminal Misc. Application has been preferred under Section 528 of the Bhartiya Nagrik Surksha Sanhita, 2023, challenging the order dated 10.07.2024, passed in Criminal Revision No. 01 of 2024, arising out of Criminal Case No. 91 of 2023, State of Uttarakhand vs. Mithileshwar Singh, under Sections 354, 427, 504 and 506 IPC, passed by learned Additional Sessions Judge, Ranikhet, District Almora.
2. Brief facts of the case are that a First Information Report was lodged implicating the present applicant for the offence punishable under Sections 354, 427, 504 and 506 IPC, which was registered as Case Crime No. 03 of 2022, wherein, after concluding the investigation, the charge-sheet was filed for the offence punishable under Sections 354, 504, 506 and 427 IPC, in which, after taking cognizance the applicant was summoned and vide order 13.02.2024, the Trial Court framed the charges for the said offences. Being aggrieved with the order dated 13.02.2024, passed by the Civil Judge (J.D.)/Judicial Magistrate, Ranikhet, District Almora, a Criminal Revision No. 01 of 2024 was preferred before the Additional Sessions Judge, Ranikhet, District Al
Charges must be framed with specific details of time, place, and particulars as mandated by the Cr.P.C., and failure to comply constitutes a serious procedural breach.
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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....
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
A Criminal Court has the discretion to frame charges based on evidence from prosecution records, regardless of the police final report.
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.
Charges must be framed only after considering all evidence, including supplementary reports, to ensure fair trial rights of the accused.
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