In this criminal miscellaneous petition challenging the framing of charges, the High Court declined to interfere, holding that suspicion of offence commission suffices for charge framing and no cause for interference was made out on the record.
The misc. petition stands disposed of; all pending applications also stand disposed of.
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. 206/2020
----Petitioners
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. MM Dhera
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/08/2022
The matter was called yesterday but none appeared on behalf of the petitioner and on the insistence of counsel for the respondent the matter was kept today.
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
(2 of 2)
[CRLMP-206/2020]
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 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.
198-Sanjay/-
3 issues framed by the court
Whether the learned trial court's order framing charges against the petitioners calls for interference in the criminal miscellaneous petition.
Whether the material on record establishes sufficient ground to quash the framing of charges against the petitioners.
Whether the scope of interference at this stage permits any alteration in the impugned order.
Colour shows how this judgement treated each authority
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & OrsRelied on¶16
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & Ors, 2009 Cr. L.J. 338
Bhagwati Devi W/o Ramesh Kumar
Sunita D/o Ramesh Kumar
State
Ramesh Kumar S/o Teumal
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
