Manish Thakur vs The State Of Madhya Pradesh
2026 Latest Caselaw 2383 MP

Madhya Pradesh High Court

Manish Thakur vs The State Of Madhya Pradesh on 11 March, 2026

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

          NEUTRAL CITATION NO. 2026:MPHC-JBP:19375




                                                                  1                             CRR-926-2026
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                     ON THE 11th OF MARCH, 2026
                                               CRIMINAL REVISION No. 926 of 2026
                                                       MANISH THAKUR
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                              Shri Harshit Patel - Advocate for petitioner.
                              Shri Rajeev Pandey - PL for State.

                                                                      ORDER

Case is fixed for admission.

This revision is filed by applicant challenging the order dated 26.11.2025 in ST No.46/2025 passed by Additional Sessions Judge, Bairasiya, Bhopal, whereby the learned Court below has framed charges against the petitioner.

After arguments for some time, when this Court pointed out the judgment of Hon'ble Supreme Court in the case of Captain Manjit Singh

Virdi (Retd.) Vs. Hussain Mohammed Shattaf and Ors, judgment dated 18.05.2023, specific para is 11, which is being reproduced as under:-

11.The law on issue as to what is to be considered at the time of discharge of an accused is well settled. It is a case in which the Trial Court had not yet framed the charges. Immediately after filing of charge sheet, application for discharge was filed. The settled proposition of law is that at the stage of hearing on the charges entire evidence produced by the prosecution is

NEUTRAL CITATION NO. 2026:MPHC-JBP:19375

2 CRR-926-2026 to be believed. In case no offence is made out then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court.

Apex Court in the case of Mukesh and Ors. Vs. State of Uttar Pradesh & Ors, arising out of SLP (Cr.) No.12354/2024 decided on 29.11.2024, specific para is 8, which is being reproduced as under and held thus:-

8. It is true that the appellants. discharge. However, the scope of application for discharge is completely different from the scope of a petition for quashing the criminal proceedings. While arguing a case for discharge, the appellants will not be in a position to rely upon any document which is not the part of charge sheet. The ground of abuse of process of law will not be available while arguing discharge application. However, in a petition for quashing either under Section 482 of the Code of Criminal Procedure, 1973 or under Article 226 of the Constitution of India, a wider challenge is available including a challenge on the ground of abuse of process of law. In such proceedings, the accused can rely upon documents which are not the part of the charge-sheet. Therefore, we reject the submission made by learned counsel appearing for the State. Though the submissions made on behalf of the State have no basis, we have dealt with the same elaborately to ensure that the same are not urged in a similar case.

Learned counsel for petitioner prays for withdrawal of this revision with liberty, either to raise all grounds before the trial Court at appropriate stage of trial or if the parties inclined to either file MCRC or Writ Petition.

With the aforesaid liberty, this revision is disposed off.

NEUTRAL CITATION NO. 2026:MPHC-JBP:19375

3 CRR-926-2026

(AVANINDRA KUMAR SINGH) JUDGE Hashmi