BHAWNA BAI versus GHANSHYAM AND OTHERS

BHAWNA BAI versus GHANSHYAM AND OTHERS

At the stage of framing charges, the court is only required to ascertain prima facie whether there are sufficient grounds for proceeding against the accused; the High Court erred in quashing the charges framed by the trial court as the allegations and materials in the charge sheet were sufficient to proceed.

Parties
Appellant Complainant: Bhawna Bai; Respondent Accused No.1: Ghanshyam; Respondent Accused No.2: Bhagwan
Jurisdiction
India
Judgment Date
03 December 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Quashing Charges Framed by Trial Court
Outcome
Appeal allowed; impugned order set aside; trial case restored.
Legal Topics
Framing of Charges, Standard of Proof at Charge Stage, Quashing of Charges, Section 302 IPC, Section 34 IPC
Criminal Law Framing of Charges Standard of Proof at Charge Stage Quashing of Charges Section 302 IPC Section 34 IPC

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Parties

Bhawna Bai

Appellant Complainant

Ghanshyam

Respondent Accused No.1

Bhagwan

Respondent Accused No.2

Procedural Posture

Criminal Appeal / Appeal Against High Court Quashing Charges Framed by Trial Court

Legal Issues

  1. 1 Whether the High Court erred in quashing charges framed under Section 302 IPC read with Section 34 IPC against the accused-respondents.
  2. 2 What is the standard for framing charges under Section 228 of the Code of Criminal Procedure, 1973.

Ratio Decidendi

At the stage of framing charges, the court is only required to ascertain prima facie whether there are sufficient grounds for proceeding against the accused; the High Court erred in quashing the charges framed by the trial court as the allegations and materials in the charge sheet were sufficient to proceed.

Court Disposition

Appeal allowed; impugned order set aside; trial case restored.

Orders

  • Impugned judgment dated 25.02.2019 of the High Court quashing charges set aside.
  • Sessions Trial Case No.ST/150/2018 restored.