The High Court dismissed a criminal miscellaneous petition challenging framing of charges. The court noted it had no cause for interference at this stage while referring to Supreme Court precedent.
Petition dismissed pending applications also disposed of petitioners free to raise issues before trial court.
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 AT JODHPUR
S.B. Criminal Misc(Pet.) No. 1201/2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Jhamak Nagda For Respondent(s) : Mr. Abhishek Purohit, AGA Mr. Sanjay Nahar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/08/2022
This petition has been preferred, laying a challenge to order passed by learned trial court whereby charges have been framed against the petitioners.
At the outset, learned Public Prosecutor, while opposing the petition, relied upon the judgment of Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & Ors , reported in 2009 Cr. L.J. 338, wherein the Hon’ble Supreme Court has held that suspicion about commission of an offence and involvement of the accused is sufficient to frame charge.
Taking into consideration narrow scope of interference at this stage, the overall factual matrix as well as record of the case, no
(2 of 2)
[CRLMP-1201/2018]
cause for making any interference is made out. However, the petitioners shall be at liberty to take up all their legal issues, at the appropriate stage, before the learned trial court.
The present misc. petition stands disposed of accordingly. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
77-Sudheer/-
1 issue framed by the court
Whether the charging framed by the trial court should be quashed based on the principle that suspicion and involvement are sufficient to frame charges.
Colour shows how this judgement treated each authority
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & OrsReferred¶14
2009 Cr. L.J. 338
Kannaji S/o Shri Uda Ji Dangi
Sanjay S/o Kanna Ji Dangi
The State Of Rajasthan
Ashok Kumar S/o Sh. Shanti Lal Jain
Dr. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
