Interim Order 48

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLNT01-007642-2025
SC No. 402/2025
STATE Vs. SHER KHAN @ SHERU
FIR No. 62/2025
PS Crime Branch-North Delhi
27.07.2026
Present : Sh. Girish Giri, Ld. Addl. PP for the State.
Accused Sher Khan produced in JC (from CJ-01,
Tihar Jail).
Mr. Shrikant Sharma and Mr. Rishu Lal Karana, Ld.
Counsels for accused Sher Khan.
Ld. Counsel for accused Sher Khan @ Sheru submits
that he concedes the charges against the said accused and has
submitted that appropriate charges be framed against accused
Sher Khan @ Sheru.
Record perused.
The allegations against accused Sher Khan @ Sheru
are that he volunarily obstructed public servant i.e. Sub Inspector
K.G. Yadav and his staff members in discharge of their public
function thereby assaulting and using criminal force against them
with intent to prevent or deter them from discharging their duties
and also fired upon the aforesaid SI K.G. Yadav by using a
country made pistol (desi katta). It is a settled proposition of law
that at the time of framing of charge, the Court is not required to
marshal any evidence and only grave suspicion is to be seen and
when grave suspicion arises, charge can be framed against the
accused. Reliance can be placed upon Alpana Dass v. CBI 2006
(90) DRJ 441 and in the case of Union of India v. Prafulla
Kumar Samal 1979 SSC (3) 609.
Guided by the above Judgments, it can safely be
observed that at the time of charge, the court does not have to
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weigh the evidence collected by the prosecution on the scale,
which would be applicable after the prosecution has led its
evidence. From the material available on record prima facie case
u/s 221/132109(1)/351(3) BNS and u/s 25/27 Arms Act is made
out against accused Sher Khan @ Sheru. Charges are
accordingly framed against accused Sher Khan @ Sheru, to
which he has pleaded not guilty and claimed trial.
Put up for PE on 17.09.2026. PWs mentioned at serial
no. 1, 2, 5 & 6 in the list of witnesses be summoned for the next
date of hearing. MHC(M) be also summoned.
(PREM KUMAR BARTHWAL)
Principal District & Sessions Judge
North District/Rohini Courts/Delhi
27.07.2026 (dv)
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