Ravindra Kumar Rampuriya vs State Of Rajasthan on 6 December, 2024

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Rajasthan High Court - Jodhpur

Ravindra Kumar Rampuriya vs State Of Rajasthan on 6 December, 2024

Bench: Manoj Kumar Garg

[2024:RJ-JD:49433]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1104/2024

1. Ravindra Kumar Rampuriya S/o Shri Trilok Chand
Rampuria, Aged About 66 Years, R/o Rampuria Mohalla,
District Bikaner. (Raj)
2. Chirag Rampuria S/o Shri Ravindra Rampuria, Aged About
33 Years, R/o Rampuria Mohalla, District Bikaner. (Raj)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Swapna Choudhary S/o Shri Hari Prasad Choudhary, R/o
Farm House, Jaipur Road, District Bikaner (Raj)
----Respondents

For Petitioner(s) : Mr. Vineet Jain, Sr. Adv assisted by
Mr. Nishank Madhan
For Respondent(s) : Mr. Dhanraj Vaishnav, PP
Mr. Bhagirath Ray Bishnoi for
complainant

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

Order Reserved on : 03/12/2024
Date of pronouncement: 06/12/2024

Instant criminal revision petition has been filed by the

petitioners against the order dated 21.05.2024 passed by the

learned Additional Sessions Judge No.2, Bikaner in Sessions Case

No. 27/2023 whereby, the trial court has framed charges against

the petitioners for offences under Sections 302, 201, 120B IPC.

Brief facts of the case are that the respondent complainant

filed a FIR stating therein that he was having an agricultural land

situated a Jaipur road, Bikaner and some of the property was sold

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by his father and forefather. It was alleged that the petitioners

and other persons illegally got transferred some part of the

property in their name. It was further alleged that since

respondent no.2 was residing outside, therefore, he had given

power of attorney to daughter Monalisa who was handling the

property and the disputes going on with regard to the property. It

was alleged that on 04.02.2021, one Bhawani Singh alongwith

other persons killed her daughter.

The police after investigation filed chargesheet against

accused Bhawani Singh under Section 302 IPC and against

accused Mukesh Dholpuria, Naresh Dhawal under Section 465,

468, 471, 120B IPC and against the accused Poonam Yadav, for

offence under Section 201 and 120B IPC. The investigation in

respect of present petitioners and one Jaswant Singh was kept

pending. Thereafter, charges were framed against co-accused.

During trial, statement of complainant PW/1 Swapna

Choudhary, PW/2 Uma Shankar Gupta and PW/3 Smt. Runa

Choudhary were recorded.

The respondent no.2 filed an application under Section 319

Cr.P.C. for taking cognizance against the present petitioners. The

learned Trial court vide order dated 23.02.2024 allowed the

application and took cognizance against the present petitioners for

offence under Sections 302, 201 & 120B IPC. Feeling aggrieved,

the present petitioners preferred a revision petition before this

Court being S.B. Criminal Revision Petition No. 314/2024 in which

a limited prayer was made that the arrest warrant issued against

the petitioners may be converted to bailable warrant. The said

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prayer was accepted by this Court and the revision petition was

disposed of.

The petitioners appeared before the trial court on the date

fixed by this Court and subsequently, arguments were heard on

the question of framing charges against the petitioners. The

learned trial court vide order dated 21.05.2024 framed charges

against the petitioners for offence under Sections 302, 201 and

120B IPC. Hence, this revision petition.

Learned counsel for the petitioners submits that after

thorough investigation, the police had exonerated the present

petitioners in two paras of the chargesheet, details reasons were

given including the fact that the civil suits between the parties

were decided in favour of the petitioners' side. So far as the

witnesses Swapna Choudhary, Smt. Runa Choudhary and

Umashankar Gupta are concerned, they have not alleged any

specific act against the petitioners in their court statements. It is

argued that while framing charges against the petitioners, the trial

court has not considered the detail reasons given by the police for

exonerating the petitioners and mechanically framed charges.

Thus, the trial court has not properly looked into the matter and

therefore, the order passed by the learned trial court is liable to

be set aside.

Per contra, learned Public Prosecutor and counsel for the

respondent no.2 argued that the trial court after considering the

chargesheet so also statements of witnesses has rightly framed

charges against the petitioners. It is argued that the petitioners

had previously challenged the order of taking cognizance,

however, the petitioners chose not to challenge the order on

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merits and a limited prayer was made to convert the arrest

warrant into bailable warrant. However, now the trial court after

taking into consideration the entire facts and evidence, having

found prima facie case, has framed charges against the

petitioners, 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.

It is not disputed that the police after investigation had

exonerated the present petitioners. However, it is noteworthy that

name of petitioners were mentioned by the complainant and

subsequently, in the court statements, PW/1 Swapna Choudhary,

PW/2 Uma Shankar Gupta and PW/3 Smt. Runa Choudhary have

specifically stated that the present petitioners were involved in the

offence. The trial court by way of detailed order has given out

reasons for framing charges against the present petitioners.

Moreover, the petitioners had previously preferred revision

petition against the order of taking cognizance but they did not

chose to argue on merits and a limited prayer was only made to

convert arrest warrant into bailable warrant, which was allowed by

this Court and consquently, the order taking cognizance attained

finality. In the opinion of this court, after taking into consideration

the entire material on record and statement of witnesses, the Trial

Court has rightly framed the charge against the accused-

petitioners, 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

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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

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

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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
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.

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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
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

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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."

Recently, the 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 :-

"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

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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 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 (Downloaded on 06/12/2024 at 11:40:01 PM) [2024:RJ-JD:49433] (10 of 12) [CRLR-1104/2024] 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.

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 (Downloaded on 06/12/2024 at 11:40:01 PM) [2024:RJ-JD:49433] (11 of 12) [CRLR-1104/2024] 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, at the stage of framing charge for an offence against an accused only prima 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 after trial.

The co-ordinate Bench of this Court in the case of Major Singh Vs. State of Raj (S.B. Criminal Revision Petition No. 1042/2012) decided on 14.01.2013 while considering the above legal position observed as under :-

"14. At the stage of framing of charge, there is no necessity of formulating the opinion about prospect of conviction. The said distinction has been clearly laid down by Hon'ble Supreme Court in the case of Lal Suraj alias Suraj Singh and another vs. State of Jharkhand reported as : (2209) 2 SCC 696.

...........

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17. Applying the test in the present case, the allegations are clear. The present petitioner had attacked the injured with deadly weapons: The injured received both blunt and sharp injuries. It is a settled proposition of law that the intention and not the injury is to be seen while determining the offence under Section 307 IPC. Thus, the argument of the learned counsel that the injuries were simple and there is no finding that the said injuries were dangerous to life, has no merit. As such, no ground to set aside the impugned order dated 11.12.2012 passed by Additional District & Sessions Judge, Balotra in Cr. Case No. 40/2012 is made out. In view of the above, the present criminal revision petition being devoid of merit, is hereby dismissed."

In view of above, this Court is of the opinion that trial court has not committed any error in framing charges against the petitioners for offence under Sections 302, 201, 120B IPC. The revision thus being bereft of any force, is hereby rejected. The stay petition also stands rejected.

(MANOJ KUMAR GARG),J 20-BJSH/-

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