Rajasthan High Court - Jodhpur

Surendra Bishnoi vs State (2025:Rj-Jd:8428) on 11 February, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:8428]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 849/2020

Surendra Bishnoi S/o Nohal Chand, Aged About 31 Years, R/o
Chak-2, Msr, Anupgarh, District Sri Ganganagar, Rajasthan.
----Petitioner
Versus
1. State, Through Pp
2. Ritika D/o Subash W/o Surendra, R/o Chandurwali Tehsil
Tibbi District Hanumangarh, Rajasthan.
----Respondents

For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mrs. Sonu Manawat, PP
Mr. Rajendra Choudhary

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

11/02/2025

Instant criminal revision petition has been filed by the

petitioner against the order dated 03.12.2020 passed by the

learned Additional Sessions Judge No.2, Hanumangarh in Sessions

Case No. 31/2020 whereby, the trial court has framed charges

against the petitioner for offences under Sections 498A, 406, 323,

316 IPC.

Brief facts of the case are that on the basis of complaint filed

by the respondent no.2, the accused petitioner was chargesheeted

for offence under Sections 498A, 406, 323, 316 IPC. The case was

committed to the court of Additional Sessions Judge No.2,

Hanumangarh, where arguments on charge were heard and after

hearing the arguments, learned trial court framed charges against

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the petitioners for offence under Sections 498A, 406, 323, 316

IPC.

Learned counsel for the petitioner has confined his

arguments to the extent of framing charges for offence under

Section 316 IPC and submits that the trial court has committed an

error of law in framing charge for offence under Section 316 IPC

inasmuch as, there is no evidence on record that the accused

petitioner caused any injury on abdomen of injured resulting in

miscarriage. Even in the statement recorded under Section 161

Cr.P.C. on 01.01.2019 no averment was made by the injured in

this regard. However, on the next day, i.e. 02.01.2019, an

allegation was levelled that accused petitioner gave fist blows on

her abdomen due to which miscarriage happened. Counsel

submits that according to opinion of Medical board, possibility of

abortion due to trauma on lower abdomen in early pregnancy is

rare. Thus, the trial court has not properly looked into the matter

and therefore, the order passed by the learned trial court to the

extent of framing charge for offence under Section 316 IPC is

liable to be set aside.

Per contra, learned Public Prosecutor and counsel for the

respondent argued that the trial court after considering the

injuries as well as statements of other witnesses rightly framed

charges against the petitioners. Counsel for the respondent no.2

argued that as many as five injuries were found on the body of

injured and a specific averment has been made by the injured

against the petitioner and the Medical Board has clearly opined

that the possibility of abortion due to physical and mental trauma

in early pregnancy is rare but absolutely cannot be denied,

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therefore, the order impugned does not call for any interference,

therefore, the present revision petition may be dismissed.

I have considered the rival arguments and perused the

material available on record including the challan papers.

As per statement of injured, the injured has specifically

alleged that the accused petitioner gave fist blows on her

abdomen and caused injuries. As per injury report, as many as

five injuries were found on the person and as per opinion of the

Medical Board also, the possibility of abortion due to physical and

mental trauma in early pregnancy is rare but absolutely cannot be

denied. In the opinion of this court, the Trial Court has rightly

framed the charge against the accused-petitioner, in the facts and

circumstances and evidence available on record in this case.

It is settled law that at the time of framing the charges, the

truth, veracity and the effect of the evidence, which the

prosecution proposes to produce are not to be meticulously

examined. At this stage, the Court has only to see whether the

unrebutted evidence, which the prosecution is to adduce, make

way for conviction and if it is so then the charge can be framed.

The Court, while framing the charges, is required to evaluate the

materials and documents on record with a view to find out if the

facts emerging therefrom disclose the presence of all the

ingredients constituting the alleged offence.

In the case of Sajjan Kumar v. Central Bureau of

Investigation reported in (2010) 9 SCC 368, Hon'ble Supreme

Court in para 21 of the judgment has laid down the principles

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which are to be kept in mind by the Court while exercising

jurisdiction under Sections 227 & 228 Cr.P.C., which are as

below :

"(i) The Judge while considering the question of framing
the charges under Section 227 Cr.P.C. has the undoubted
power to sift and weigh the evidence for the limited
purpose of finding out whether or not a prima facie case
against the accused has been made out. The test to
determine prima facie case would depend upon the facts of
each case.

(ii) Where the materials placed before the Court disclose
grave suspicion against the accused which has not been
properly explained, the court will be fully justified in
framing a charge and proceeding with the trial.

(iii) The court cannot act merely as a post office or a
mouthpiece of the prosecution but has to consider the
broad probabilities of the case, the total effect of the
evidence and the documents produced before the court,
any basic infirmities etc. However, at this stage, there
cannot be a roving enquiry into the pros and cons of the
matter and weigh the evidence as if he was conducting a
trial.

(iv) If on the basis of the material on record, the court
could form an opinion that the accused might have
committed offence, it can frame the charge, though for
conviction the conclusion is required to be proved beyond
reasonable doubt that the accused has committed the
offence.

(v) At the time of framing of the charges, the probative
value of the material on record cannot be gone into but
before framing a charge the court must apply its judicial
mind on the material placed on record and must be

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satisfied that the commission of offence by the accused
was possible.

(vi) At the state of Sections 227 & 228, the court is
required to evaluate the material and documents on record
with a view to find out if the facts emerging therefrom
taken at their face value disclose the existence of all the
ingredients constituting the alleged offence. For this limited
purpose, sift the evidence as it cannot be expected even at
that initial stage to accept al that the prosecution states as
gospel truth even if it is opposed to common sense or the
broad probabilities of the case.

(vii) If two views are possible and one of them gives rise to
suspicion only, as distinguished from grave suspicion, the
trial Judge will be empowered to discharge the accused at
this stage, he is not to see whether the trial will end in
conviction or acquittal."

In the case of Amit Kapoor v. Ramesh Chander & Anr.

reported in (2012) 9 SCC 460, Hon'ble Supreme Court has held

that at the initial stage of framing of a charge, the Court is

concerned not with the proof but with a strong suspicion that the

accused has committed an offence, which, if put to trial, could

prove him guilty. All that the Court has to see is that the

material on record and the facts would be compatible with the

innocence of the accused or not. The final test of guilt is not to

be applied at that stage.

In the case of Sheoraj Singh Ahlawat & Ors. v. State of

Uttar Pradesh & Anr. reported in (2013) 11 SCC 476, the Hon'ble

Apex Court has held as below :

"While framing charges, court is required to evaluate

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materials and documents on record to decide whether facts
emerging therefrom taken at their face value would
disclose existence of ingredients constituting the alleged
offence. At this stage, the court is not required to go deep
into the probative value of materials on record. It needs to
evaluate whether there is a ground for presuming that
accused had committed offence. But it should not evaluate
sufficiency of evidence to convict accused. Even if there is
a grave suspicion against the accused and it is not properly
explained or court feels that accused might have
committed offence, then framing of charges against the
accused is justified. It is only for conviction of accused that
materials must indicate that accused had committed
offence but for framing of charges if materials indicate that
accused might have committed offence, then framing of
charge is proper. Materials brought on by prosecution must
be believed to be true and their probative value cannot be
decided at this stage. The accused entitled to urge his
contentions only on materials submitted by prosecution. He
is not entitled to produce any material at this stage and the
court is not required to consider any such material, if
submitted. Whether the prima facie case made out
depends upon facts and circumstances of each case. If two
views are possible and materials indicate mere suspicion,
not being grave suspicion, against accused then he may be
discharged. The court has to consider broad probabilities of
case, total effect of evidence and documents produced
before it. The court should not act as mouthpiece of
prosecution and it is impermissible to have roving enquiry
at the stage of framing of charge."

Hon'ble Apex Court in the case of 'State of Rajasthan Vs.

Fatehkaran Mehdu' reported in AIR 2017 SC 796, while dealing

with the scope of interference under Section 397 Cr.P.C when

the charges had been framed, has held as under :-

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"26. The scope of interference and exercise of jurisdiction
Under Section 397 of Code of Criminal Procedure has been
time and again explained by this Court. Further, the scope
of interference Under Section 397 Code of Criminal
Procedure at a stage, when charge had been framed, is
also well settled. At the stage of framing of a charge, the
court is concerned not with the proof of the allegation
rather it has to focus on the material and form an opinion
whether there is strong suspicion that the Accused has
committed an offence, which if put to trial, could prove his
guilt. The framing of charge is not a stage, at which stage
final test of guilt is to be applied. Thus, to hold that at the
stage of framing the charge, the court should form an
opinion that the Accused is certainly guilty of committing
an offence, is to hold something which is neither
permissible nor is in consonance with scheme of Code of
Criminal Procedure.

27. Now, reverting to the limit of the scope of jurisdiction
Under Section 397 Code of Criminal Procedure, which vests
the court with the power to call for and examine the
records of an inferior court for the purposes of satisfying
itself as to the legality and regularity of any proceedings or
order made in a case. The object of this provision is to set
right a patent defect or an error of jurisdiction or law or the
perversity which has crept in the proceeding.

........

29. The Court in para 27 has recorded its conclusion and laid down principles to be considered for exercise of jurisdiction Under Section 397 particularly in context of quashing of charge framed Under Section 228 Code of Criminal Procedure Para 27, 27(1), (2), (3), (9), (13) are extracted as follows:

"27. Having discussed the scope of jurisdiction under these two provisions, i.e., Section 397

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and Section 482 of the Code and the fine line of jurisdictional distinction, now it will be appropriate for us to enlist the principles with reference to which the courts should exercise such jurisdiction. However, it is not only difficult but is inherently impossible to state with precision such principles. At best and upon objective analysis of various judgments of this Court, we are able to cull out some of the principles to be considered for proper exercise of jurisdiction, particularly, with regard to quashing of charge either in exercise of jurisdiction Under Section 397 or Section 482 of the Code or together, as the case may be:

27.1) Though there are no limits of the powers of the Court Under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of quashing criminal proceedings, particularly, the charge framed in terms of Section 228 of the Code should be exercised very sparingly and with circumspection and that too in the rarest of rare cases.

27.2) The Court should apply the test as to whether the uncontroverted allegations as made from the record of the case and the documents submitted therewith prima facie establish the offence or not. If the allegations are so patently absurd and inherently improbable that no prudent person can ever reach such a conclusion and where the basic ingredients of a criminal offence are not satisfied then the Court may interfere.

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27.3) The High Court should not unduly interfere. No meticulous examination of the evidence is needed for considering whether the case would end in conviction or not at the stage of framing of charge or quashing of charge.

27.9) Another very significant caution that the courts have to observe is that it cannot examine the facts, evidence and materials on record to determine whether there is sufficient material on the basis of which the case would end in a conviction; the Court is concerned primarily with the allegations taken as a whole whether they will constitute an offence and, if so, is it an abuse of the process of court leading to injustice.

27.13) Quashing of a charge is an exception to the Rule of continuous prosecution. Where the offence is even broadly satisfied, the Court should be more inclined to permit continuation of prosecution rather than its quashing at that initial stage. The Court is not expected to marshal the records with a view to decide admissibility and reliability of the documents or records but is an opinion formed prima facie.

30. Applying the above tests, we are of the considered opinion that High Court erred in quashing the charges framed by the order dated 05.05.2009. In result, both the appeals are allowed. The order of the High Court is set aside and the order dated 05.05.2009 is restored. The learned Special Judge may proceed with the trial in accordance with the law expeditiously."

Thus, it is well settled legal position that at the stage of

framing charge for an offence against an accused only prima

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facie has to be seen whether sufficient grounds are available on

record to proceed against him and even strong suspicion is

enough to frame charge and at this stage of the proceedings

evidence is not required to be analyzed, as it is required to be

done at the final stage of trial. It is also well settled that at this

stage of the proceedings only the charge-sheet and evidence

collected during investigation which has been produced

alongwith the charge-sheet is required to be considered.

In view of above, this Court is of the opinion that trial court