Order 15

Order Details: COPY OF ORDER
Pdf Text: SC No: 170/2023
State v. Harender @ Lala @ Chota Chedi
FIR No: 913/22
PS: Bhalswa Dairy
U/s 307/34 IPC
08.11.2023
Present: Sh. Pankaj Bhatia, Ld. Addl. PP for the State.
Accused produced from JC with Ld counsel.
Arguments on the point of charge heard. Record perused.
The counsel for the accused has submitted that the accused
has been falsely implicated in the present case and he has nothing to do
with the offence as alleged against him. Hence it is prayed that the
accused may kindly be discharged from the present case.
On the other hand, Addl. PP for the State has opposed the
submissions of the counsel for the accused and has read over the statement
of complainant/ injured as well as other statements from record. He has
also drawn the attention of the court to the MLC of the victim and there is
sufficient material on record to frame charge for offence punishable u/s
307/34 IPC against the accused. It is prayed that seeing the gravity of the
offence, charge should be framed against him.
From the material available on record, a prima facie case for
commission of offence punishable u/s 307/34 IPC is made out against the
accused and accordingly, charge u/s 307/34 IPC has been framed against
the accused to which he has pleaded not guilty and claimed trial. Reliance
is placed upon the case law laid down by the Hon'ble Supreme Court of
India in case of “Kanti Bhadra Saha Anr. Vs. State of West Bengal”
wherein it has been held that:
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“there is no legal requirement for the trial court to
write a reasoned or lengthy order for framing the charges”
The said proposition of law has also been reiterated by the
Hon'ble Supreme Court in case of “Munni Devi vs State of Rajasthan,
Crl. A.No.1138/2001 decided on 06.11.2001 that no detailed order is
required to be passed at the time of framing of charge.
Let complainant/injured, DO, IO and doctor concerned be
summoned for the next date. Complainant/ injured be summoned through
IO concerned.
Put up for PE on 11.03.2024. MHC(M) with case property be
also summoned.
(Satish Kumar)
Addl. Sessions Judge-3,
North District, Rohini Courts,
Delhi:08.11.2023
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