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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SANJEEV S KALGAONKAR
Biraj Kumar Sarkar – Appellant
Versus
Ravi Kumar Potdar – Respondent
ORDER :
SANJEEV S KALGAONKAR, J.
This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed assailing the order dated 17.10.2019, passed by XXVth Additional Sessions Judge ,Indore in Sessions Trial No. 8 of 2012, whereby charges have been framed against the petitioners for the offence punishable under Section 420 read with Section 120B, Section 409 read with section 120B, Section 467 read with Section 120B, Section 468 read with section 120B and Section 471 read with section 120B of IPC. The quashing of proceedings in aforestated trial is further requested.
2. The exposition of facts in brief, giving rise to present petition, is as under:-
A. The complainant, Ravi Kumar Potdar filed a written complaint under Section 200 of the Code of Criminal Procedure against B.K. Sarkar, the then Regional Manager, Dr. V. N. Bhargava, the then Manager and Dr. R.K. Puri, the then Deputy Manager of the Oriental Insurance Company Ltd., Regional Office, Anoopnagar, A.B. Road Indore, inter-alia alleging that the accused were serving at the Oriental Insurance Company Ltd. in year 2000. The accused in conspiracy with each other have forged the bills and embezzelled the amount towa
The court holds that at the charge-framing stage, only prima facie evidence is considered, and the accused's defence cannot be evaluated until trial, ensuring that enough grounds exist to presume an ....
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 main legal point established in the judgment is the requirement for a prima facie case and the evaluation of material by the court before framing charges under sections 227 and 228 of the Cr.P.C.
Court has not entered into merits of the charge so framed at this stage. It is for the learned Sessions Judge to frame charge on the basis of charge sheet papers after following provisions of section....
At the charge framing stage, the trial court must establish a prima facie case based on the prosecution's evidence without detailed scrutiny, ensuring a reasoned decision.
At the charge framing stage, the court must determine if a prima facie case exists based solely on the prosecution's evidence, without conducting a detailed trial.
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
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