The High Court dismissed a criminal miscellaneous petition challenging the framing of charges under Sections 326 and 307 IPC. It held that such grievances can only be redressed at the final stage if the case is not made out.
The petition challenging the framing of charges was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1972/2019
Ramji Lal S/o Ramprasad @ Parsadi Lal B/c Bairwa, R/o Laki, Police Station Tahala, District Alwar, Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Umesh Kumar Sharma For Respondent(s) : Mr. S.S. Mehla, Public Prosecutor
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
15/04/2019
It is settled legal position that charge ought to be framed for the higher offences so that later Court is not found wanting.
Grievance of the petitioner that wrongly charge has been framed for offences under Sections 326 and 307 IPC, can be redressed at the final stage, if the case is not made out, Court can always record acquittal for said offences.
Consequently, there is no merit in the present petition and the same is dismissed.
(KANWALJIT SINGH AHLUWALIA),J
Kamlesh Kumar/56
1 issue framed by the court
Whether a grievance regarding the framing of a wrong charge under sections 326 and 307 IPC can be redressed in this stage.
1 provisions across 1 enactments
Ramji Lal S/o Ramprasad @ Parsadi Lal B/c Bairwa
State Of Rajasthan
Kanwjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
