Order 3

Order Details: Order Below EX 1
Pdf Text: Police Case No. 513-PW-2022.
CNR-MHMM18-001277-2022
ORDER BELOW DISCHARGE APPLICATION FILED BY ACCUSED NO.3
The accused No.3 has filed this application to discharge him
for the offence punishable under section 153(a), 153(b), 295(a), 354(d),
509, 500, 120-B, 201 read with section 34 of Indian Penal Code.
2. Perused application and say filed by learned APP. Heard both
side.
3. It is alleged by the prosecution that, the present accused and
other accused have downloaded the photographs of the muslim women
from their social media account. They have posted their photographs at
‘Bulli Bai’ App to sell out for illicit purpose. They have also provoked the
the muslim community against the Sikh community. They have outraged
the modesty of said muslim women. In support of said application, the
relevant documents are filed. The alleged photographs and messages
posted on said App is also filed along with charge-sheet. Considering
these materials, I do not find that, the charges against the accused are
groundless. Rather, the material available on record is sufficient to frame
the charge against the accused.
4. Hon’ble Apex Court in case of State of M.P. Vs. S.B. Johari &
Ors. dated 17.01.2000 has held that, ‘It is settled law that at the stage of
framing the charge, the Court has to prima facie consider whether there
is sufficient ground for proceeding against the accused. The Court is not
required to appreciate the evidence and arrive at the conclusion that the
materials produced are sufficient or not for convicting the accused. If the
Court is satisfied that a prima facie case is made out for proceeding
further then a charge has to be framed. Court posed a question, whether
at the stage of framing the charge, trial court should marshal the
materials on the record of the case as he would do on the conclusion of
the trial? The Court held that at the stage of framing the charge inquiry
must necessarily be limited to deciding if the facts emerging from such
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Police Case No. 513-PW-2022.
CNR-MHMM18-001277-2022
materials constitute the offence with which the accused could be
charged. The Court may peruse the records for that limited purpose, but
it is not required to marshal it with a view to decide the reliability
thereof’.
5. Considering aforesaid reasons this application is not tenable.
Accordingly, I proceed to pass following order:
ORDER
The application is rejected.
MUMBAI (GIRISH S. MANE)
DATE – 29.04.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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