MANENDRA PRASAD TIWARI versus AMIT KUMAR TIWARI & ANR.

MANENDRA PRASAD TIWARI versus AMIT KUMAR TIWARI & ANR.

The High Court erred in discharging the accused at the framing stage by engaging in a premature assessment of evidence (relying on delay and doubts about the prosecution story and age); superior courts should not quash charges at framing stage by weighing evidence except in exceptional cases. The High Court's order was perverse and is set aside; the trial court must proceed with the trial in accordance with the framed charges dated 18.12.2020.

Parties
Appellant: Manendra Prasad Tiwari; Respondent: Amit Kumar Tiwari
Jurisdiction
India
Judgment Date
12 August 2022
Procedural Posture
Criminal Appeal (special Leave) / Appeal to the Supreme Court Against High Court Order Allowing Criminal Revision and Discharging Accused
Outcome
Appeal allowed; impugned High Court order set aside and matter remitted to trial court to proceed with trial.
Legal Topics
Framing of Charge, Quashing of Charges, Revision Jurisdiction (section 397 Cr Pc), Section 482 Cr PC, Delay in Lodging FIR, Age Determination, Abetment to Suicide
Penal Code, 1860 Protection of Children From Sexual Offences Act, 2012 Code of Criminal Procedure, 1973 Criminal Law Sexual Offences Framing of Charge Quashing of Charges Revision Jurisdiction (section 397 Cr Pc) +4 more

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Parties

Manendra Prasad Tiwari

Appellant

Amit Kumar Tiwari

Respondent

Procedural Posture

Criminal Appeal (special Leave) / Appeal to the Supreme Court Against High Court Order Allowing Criminal Revision and Discharging Accused

Legal Issues

  1. 1 Whether the High Court was justified in quashing/discharging charges at the stage of framing of charge
  2. 2 Whether a superior court may weigh evidence or assess sufficiency of evidence when entertaining a revision under Section 397 CrPC or petition under Section 482 CrPC to quash charges
  3. 3 Whether delay in lodging the FIR and disputed assertions about age warranted discharge at the charge-framing stage

Ratio Decidendi

The High Court erred in discharging the accused at the framing stage by engaging in a premature assessment of evidence (relying on delay and doubts about the prosecution story and age); superior courts should not quash charges at framing stage by weighing evidence except in exceptional cases. The High Court's order was perverse and is set aside; the trial court must proceed with the trial in accordance with the framed charges dated 18.12.2020.

Court Disposition

Appeal allowed; impugned High Court order set aside and matter remitted to trial court to proceed with trial.

Orders

  • Impugned judgment and order of the High Court dated 02.12.2021 set aside
  • Trial court to proceed to put the accused on trial in accordance with order framing charge dated 18.12.2020