In CRLR-84/2022, the Rajasthan High Court at Jodhpur dismissed a criminal revision petition challenging the framing of a charge under Section 307 IPC. The court held that interference was not possible at that stage but allowed the petitioner to raise all issues during the trial.
Petition disposed; liberty granted to raise all 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.
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[CRLR-84/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 84/2022
Avnish Singh S/o Shri Vinod Kumar, Aged About 35 Years, B/c Lodhi, R/o Nangla Mahiyar, Police Station Kotwali Mainpuri, District Mainpuri (U.p.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ravindra Kumar Acharya |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/07/2022
Learned counsel for the petitioner submits that the recovery of the weapon was not there from the present petitioner. Learned counsel further submits that only indication of the petitioner having been involved is call details between him and the principal accused Kuldeep. Learned counsel also submits that the framing of the charge under Section 307 IPC is grossly excessive.
Learned Public Prosecutor opposes the petition.
Heard learned counsel for the parties and perused the record of the case.
On seeing the record particularly, the call details, the information under Section 27 of the Evidence Act as well as the details given by the learned trial court, this Court is convinced that
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[CRLR-84/2022]
at this stage any interference in the charge is not possible, however, the present petition is disposed of while giving liberty to the petitioner to take all his issues before the learned trial court at appropriate stage.
All pending applications stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
23-Sudheer/-
3 issues framed by the court
Whether the High Court interfered with the framing of the charge under Section 307 IPC in a criminal revision.
Whether the absence of weapon recovery impacts the quantum of the charge at this stage.
Whether the call details between the petitioner and the principal accused warrant revisional interference.
2 provisions across 2 enactments
Avinish Singh
State Of Rajasthan
Bhanwar Lal Choudhary
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
