Single judge order dismissing a criminal miscellaneous petition challenging the framing of charges. The court refused interference, referencing Supreme Court precedent on charge framing, and dismissed pending applications.
Petition dismissed; all pending applications disposed of. Petitioner allowed to file issues before trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 301/2019
Sanjay Meena S/o Sh. Lakhan Lal Meena, Aged About 35 Years, Permanent R/o Sikroda Jatt, Post Sikroda Meena , Tehsil Hindaun City, Distt. Karauli , At Present Residing At Kuri Housing Board , Sector 8, Near Lucky International School , Flat No 87/76, Gokul Dham Society, Jodhpur .
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Suresh Khadev for Mr. Lokesh Mathur |
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/08/2022
This petition has been preferred, laying a challenge to order passed by learned trial court whereby charges have been framed against the petitioner.
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 cause for making any interference is made out. However, the
(2 of 2) [CRLMP-301/2019]
petitioner shall be at liberty to take up all his 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.
45-Sudheer/-
1 issue framed by the court
Whether the High Court should interfere with the trial court's order framing charges against the petitioner.
Colour shows how this judgement treated each authority
Sanghi Brothers (Indore) Pvt. Ltd. Vs. Sanjay Chaudhary & OrsReferred¶12
2009 Cr. L.J. 338
Sanjay Meena
State Of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
