Munna Devi
v.
State Of Rajasthan
(Supreme Court Of India)
Criminal Appeal No. 1138 of 2001 | 06-11-2001
Leave granted.
Aggrieved by the framing of charges against him under Sections 376, 511, 451 and 354 of the Indian Penal Code, the accused-respondent filed a revision petition in the High Court which was allowed vide the order impugned in this appeal by quashing the charges framed against him. The appellant-complainant-prosecutrix has filed this appeal submitting that the impugned order is against the provisions of law as the High Court could not prevent the holding of trial by sitting in appeal against the order of framing of charge by sifting and weighing the evidence recorded during the investigation.
We find substance in the submission made on behalf of the appellant. The revision power under the Code of Criminal Procedure cannot be exercised in a routine and casual manner. While exercising such powers the High Court has no authority to appreciate the evidence in the manner as the trial and the appellate courts are required to do. Revisional powers could be exercised only when it is shown that there is a legal bar against the continuance of the criminal proceedings or the framing of charge or the facts as stated in the first information report even if they are taken at the face value and accepted in their entirety do not constitute the offence for which the accused has been charged. This Court in Kanti Bhadra Shah v. State of W.B. (2000 SC 544) [LQ/SC/2000/23] has held that there is no legal requirement for the trial court to write a reasoned or lengthy order for framing the charges.
In the instant case the learned Judge ignored the basic principles which conferred the jurisdiction upon the High Court for exercise of revisional powers. It was premature for the High Court to say that the material placed before the trial court was insufficient for framing the charge or that the statement of the prosecutrix herself was not sufficient to proceed further against the accused-respondent.
As the impugned order has been passed against the settled position of law, it is unsustainable and is accordingly set aside. The order of framing the charge passed by the trial court against the accused is upheld with directions to it to proceed with the trial of the case and dispose of the same on merits in accordance with law.
The appeal is allowed accordingly.
Advocates List
For the Appearing Parties Yash Anand, Laxmi Arvind, Manish Sanghvi, Javed Mahmud Rao, Gopal Prasad, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE M.B. SHAH
HON'BLE MR. JUSTICE R.P. SETHI
Eq Citation
2001 (3) ACR 2863 (SC)
2002 (1) UC 96
(2001) 9 SCC 631
AIR 2002 SC 107
2002 (1) ALLMR (SC) 646
2002 CRILJ 225
2002 (1) CRIMES 145 (SC)
2002 (1) RLW 112 (SC)
JT 2001 (9) SC 438
2001 (8) SCALE 88
LQ/SC/2001/2568
HeadNote
Criminal Procedure Code, 1973 — Ss. 397 and 401 — Revision — Revisional power — Exercise of — Held, cannot be exercised in a routine and casual manner — While exercising such powers High Court has no authority to appreciate the evidence in the manner as the trial and the appellate courts are required to do — Revisional powers could be exercised only when it is shown that there is a legal bar against the continuance of the criminal proceedings or the framing of charge or the facts as stated in the first information report even if they are taken at the face value and accepted in their entirety do not constitute the offence for which the accused has been charged — Trial court had framed charges against the accused-respondent under Ss. 376, 511, 451 and 354 IPC — High Court set aside the order of framing of charge by quashing the charges framed against the accused-respondent — Held, the impugned order has been passed against the settled position of law — It is unsustainable and accordingly set aside — Order of framing the charge passed by the trial court against the accused is upheld with directions to it to proceed with the trial of the case and dispose of the same on merits in accordance with law