Single Judge disposed of a challenge to the framing of charges, holding that no cause for interference was made out at this stage, relying on the scope of interference limited to suspicion and involvement.
The petition and all pending applications are disposed of; petitioners may take up all legal issues before the 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. 1222/2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. NL Joshi For Respondent(s) : Mr. Abhishek Purohit, AGA Mr. Bhawani Singh & Mr. Amit Kumar Purohit for Mr. Chaitanya Gehlot
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-1222/2018]
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.
78-Sudheer/-
1 issue framed by the court
Whether the Single Judge should interfere with the order of framing of charges at this stage.
Colour shows how this judgement treated each authority
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & OrsReferred¶16
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & Ors, 2009 Cr. L.J. 338
Nani Bai @ Nannu Banoo
Mohideen Khan
State Of Rajasthan
Banoo Daughter Of Yashin Khan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
