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G.S.AHLUWALIA
Raju @ Rajendra – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This criminal revision under sections 397, 401 of CrPC has been filed against the order dated 20.12.2019 passed by Third Additional Sessions Judge, Ganjbasoda, Distt. Vidisha in Sessions Trial No.41/2019, by which the charges under sections 323/34, 307/34, 302/34 of IPC have been framed.
2. It is submitted by the counsel for the applicant that a Dehati Nalishi was lodged by Shailendra Dangi that on 4.5.2019 he along with his friends Ankit Panthi, Abhishek Raghuvanshi and Anshul Sharma had gone to Bombay Vilas Dhabha for having their meals. It was around 09:30 in the night. Co-accused Chhotu @ Sanjeev Baghel, his friend Shubham Raghuvanshi and Roshan Rajpoot, came on a Scooty. They came to the complainant and started alleging as to why they are staring at them and on this issue, fight took place between the parties. Shubham assaulted on the forehead of the complainant Shailendra Dangi, as a result, he sustained injuries. Accordingly, he was taken to medical store for his treatment. Accused Chhotu @ Sanjeev Baghel, Roshan and Shubham also came on the Scooty and the co-accused Chhotu @ Sanjeev Baghel fired a gunshot causing injury on the chest of Anshul Sharma. Co-accused Rosh
The court established that the standard for framing charges is a presumption of guilt based on available evidence, distinct from the standard required for conviction.
At the stage of framing of charge, only a prima facie view is to be taken and if the material on record could lead to the conclusion that the commission of the offense is a probable consequence, a ca....
At the charge framing stage, a strong suspicion is sufficient to proceed, emphasizing that evidence should be accepted as true without deep scrutiny.
The court emphasized the standard for framing charges, allowing for a prima facie case based on the evidence without requiring a full trial.
Charges under serious IPC sections require clear prima facie evidence; lack thereof necessitates quashing such charges.
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