Framing of charges Archives

Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC

The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.

Case Briefs High Courts

An order of discharge would be warranted only in cases where Court is satisfied that there are no chances of conviction, and trial would be a futile exercise; Allahabad High Court reiterates

Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order

Case Briefs Supreme Court

Delay in adopting the Draft Criminal Practice Rules cannot prejudice already recognized rights of an accused, holds SC in a 2: 1 verdict; Justice Bela M. Trivedi dissents

Supreme Court: In a case wherein concern was raised regarding common deficiencies and practices adopted by trial courts during criminal

Case Briefs District Court

[Elgar Parishad Case] Bombay Court refuses to permit activist Varavara Rao to travel to Hyderabad for 3 months to undergo cataract surgery

City Civil and Sessions Court, Bombay: In an application filed by Dr. P V Varavara Rao ‘applicant-accused’ seeking permission to

Case Briefs High Courts

Can Judge sift and weigh evidence at stage of framing of charges? For what purpose? Bom HC considers while refusing to discharge accused

Bombay High Court: Sandeep K. Shinde, J., dismissed a revision petition filed against the order of the lower court refusing to discharge

Case Briefs High Courts

Del HC | Magistrate cannot record plea of guilt voluntarily made by accused and convict him if charges have not been framed

Delhi High Court: Sanjeev Sachdeva, J., for the reason of procedural lapses, quashed an order passed by the trial court wherein the Magistrate

Case Briefs High Courts

Framing of charges requires a prima facie case against the accused; evaluation of materials to assess conviction not required

Jammu & Kashmir High Court: A Single Judge bench comprising of Sanjay Kumar Gupta, J. dismissed the petitions filed by the accused

Case Briefs High Courts

Erroneous edit in charge-sheet would not come in the way of trial court in framing proper charges

Karnataka High Court: While passing the order in a criminal petition filed under Section 438 of CrPC praying to enlarge the petitioners

Case Briefs High Courts

Charges framed based on statements under S. 164 CrPC are valid even if allegations are in addition to those made in FIR

Delhi High Court: While deciding a criminal revision petition, a Single Judge Bench held that it is not necessary that charges framed based