Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 Cr. Case 14368/2023
STATE Vs. MAMTA
FIR No. 254 /2023 (Swaroop Nagar)
23.11.2024
Present:- Sh.Gaurav Mehta, Ld. APP for the State.
Accused in person with Ld. Counsel.
The case is fixed for framing of charges against the accused.
Ld. APP for the State had submitted that there is sufficient material available on
record against the accused and prima facie charges under the relevant sections could be framed
against the accused.
Per-contra, Ld. Counsel for accused has submitted that accused is falsely implicated
in the present case and there is no evidence qua the accused on the basis of which charge can be
framed.
I have heard both the parties and perused the materials available on record.
It is a settled proposition of law that the stage of framing charge only a prima facie
case against the accused needs to be established. The Court at that stage is under no obligation to
make an elaborate inquiry by shifting and weighing the material to find out a case against the
accused beyond reasonable doubt which is required at the time of final hearing. Reference can be
taken from the decision of the Hon’ble Delhi High Court in the case of
State vs. Someshwar &
Ors. (2005) (82) DRJ 246.
On perusal of the chargesheet, annexed documents i.e. statement of witnesses
recorded u/s 161 of Cr.P.C., FIR etc., it reveals that there is sufficient material available on record
on the basis of which a prima facie case for the offence under section 33 Delhi Excise Act is made
out against the accused. Accordingly, charge framed against the accused to which he pleaded not
guilty and claimed trial.
Statement of accused under section 294 Cr.P.C has been recorded, therefore, witness
mentioned at sr no. 4, 6 and 7 are dropped from the list of witness.
Put up for PE on 05.05.2025.
Witness at serial no. 1 and 2 be summoned through IO concerned for the NDOH.
MHCM be also summoned and directed to produce the case property for the
NDOH.
(JYOTI NAIN)
JMFC-07, NORTH DISTRICT,
ROHINI COURT, DELHI
23.11.2024
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