Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 Cr. Case 3684/2023
STATE Vs. SHIV KUMAR @ BHULAR
470 /2022 (Lahori Gate)
11.11.2024
Present: Ld. APP for the State.
Accused Shiv Kumar @ Bhular in person with Ld. LAC Sh. Harish
Rawat.
Sh. Sudesh Kumar Goyal, Ld. Counsel for the complainant through
VC.
Matter is listed on arguments on charge.
Arguments heard.
It is argued by Ld. LAC for the accused that accused person is
innocent and deserves to be discharge.
Ld. APP has argued per-contra and has argued that charge u/s
408/411 IPC is made out.
Submissions heard. Record perused.
At the outset, it is relevant to mention that at the time of framing of
charge, the court is not to go into whether the evidence on record would lead to
conviction of the accused persons but is merely to see whether
prima facie case is
made out against them or not. From the perusal of the entire record and after
hearing the arguments, I am of the considered opinion that charge u/s 408/411 IPC
is made out against the accused person.
Charge is separately framed. The same is read and explained to the
accused person in vernacular language to which the accused person has pleaded
not guilty and claimed trial.
Separate statement of accused recorded u/s 294 CrPC.
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2
In view of the statement of the accused, witnesses mentioned at
Serial No. 5 in the list of witnesses is dropped.
Re-list for PE on 05.03.2025.
Let fresh summons be issued for PWs mentioned at serial no. 1, 2
and 4 alongwith relevant register and case property in the list of witnesses for
NDOH.
(Payal Singal)
JMFC-09/Central/THC
Delhi/11.11.2024
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