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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Sanjay Jatav – Appellant
Versus
The State Of Madhya Pradesh – Respondent
Key Points: - The trial court must apply its mind and provide a speaking, non-mechanical order when framing charges under BNSS, reflecting consideration of material on record (including charge-sheet) to determine if a prima facie case exists. (!) (!) (!) - If the order framing charges is silent on the material relied upon or the basis for finding a prima facie case, it is vulnerable to being set aside and remanded for a reasoned, fresh consideration. (!) (!) (!) - In revisional jurisdiction, the court may remand to ensure proper application of mind and to provide a reasoned order, rather than substituting its own findings; the absence of findings requires remand. (!) (!)
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL CRIMINAL REVISION NO.1130 of 2026 SANJAY JATAV Versus THE STATE OF MADHYA PRADESH THROUGH THE POLICE STATION BERASIYA AND ANOTHER ……………………………………………………………………………………………………………………………………………….
Appearance:
Shri Surdeep Khampariya, Advocate for petitioner.
Shri Ritesh Sharma, Panel Lawyer for respondent-State.
………………………………………………………………………………………………………………………………………..
Reserved on : 01.04.2026 Delivered on : 06.04.2026 ………………………………………………………………………………………………………………………………………..
ORDER This criminal revision under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘the BNSS’) has been preferred by the petitioner/accused challenging the order dtd.28.01.2026 passed by the Additional Sessions Judge, Berasia, District Bhopal in Case No. S.T.37/2025, whereby charges under Section 351(3) and 351(1) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘the BNS’) have been framed against the petitioner.
2. With a view to understand the prosecution case and to see the method and manner, in which the court below has exercised its jurisdiction, entire impugned order dtd.28.01.2026, is quoted as under:
“
राÏय (ci
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