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State Of U.P. vs Dharmendra And 3 Ors. on 25 November, 2021

21. Considering the facts and circumstances of the case and also the facts and reasons recorded in the order dated 02.08.2023 passed by this Court in the case of co-accused Dharmendra Goel, as an interim measure, it is hereby provided that the effect and operation of the framing of charge order dated 01.02.2023 passed by the Additional Sessions/Special Judge, POCO (Second), Gautam Budh Nagar in Session Trial No.559 of 2018 (State of U.P. Vs. Dharmendra and others) arising out of Case Crime No.202 of 2018, Under Section 306, 354, 506 of I.P.C. and sections 7/8 of the Protection of Children from Sexual Offences Act, 2012, Sector 24 at Police Station Noida, District Gautam Budh Nagar shall remain stayed during the pendency of present criminal revision.
Allahabad High Court Cites 26 - Cited by 2 - Full Document

Ratilal Bhanji Mithani vs The State Of Maharashtra & Ors on 28 September, 1978

11. The Court has delved into the records and finds that subsequent to the judgment of the Apex Court in the case of Ratilal Bhanji Mithani (Supra), a similar issue cropped up for consideration before Apex Court in Satish Mehra Vs. State (NCT of Delhi) and Another, (2012) 13 SCC 614, wherein the Court has observed that the veracity of the proceedings can be examined more appropriately by the Court after the charges have been framed against an accused. Though this judgment is a Two Judges bench judgment, but the Court has referred to two earlier Three Judges Bench judgment, which are similar to the controversy involved in the matter headed by Two Judges Bench. Observations made by the Court in paragraphs 13, 14 and 19 of the report are relevant for the controversy in hand and accordingly, the same are reproduced herein below:-
Supreme Court of India Cites 12 - Cited by 111 - R S Sarkaria - Full Document

R. P. Kapur vs The State Of Punjab on 25 March, 1960

"13. Though a criminal complaint lodged before the court under the provisions of Chapter XV of the Code of Criminal Procedure or an FIR lodged in the police station under Chapter XII of the Code has to be brought to its logical conclusion in accordance with the procedure prescribed, power has been conferred under Section 482 of the Code to interdict such a proceeding in the event the institution/continuance of the criminal proceeding amounts to an abuse of the process of court. An early discussion of the law in this regard can be found in the decision of this Court in R.P. Kapur v. State of Punjab [AIR 1960 SC 866 : 1960 Cri LJ 1239] wherein the parameters of exercise of the inherent power vested by Section 561-A of the repealed Code of Criminal Procedure, 1898 (corresponding to Section 482 CrPC, 1973) had been laid down in the following terms: (AIR p. 869, para 6)
Supreme Court of India Cites 17 - Cited by 15811 - J C Shah - Full Document

Padal Venkata Rama Reddy @ Ramu vs Kovvuri Satyanarayana Reddy & Ors on 29 July, 2011

(iii). A Two Judges Bench of the Supreme Court in Padal Venkata Rama Reddy @ Ramu Vs. Kovvuri Satyanarayana Reddy and Others, (2011) 12 SCC 437, was considering the question as to what are the grounds on which, the High Court can quash the proceedings, the Bench referred to the earlier judgment in the case of State of Karnataka Vs. L. Muniswamy (Supra) in paragraph 10 of the report. It, thereafter, referred to various other judgments of the Supreme Court on the point and then anallyzed the facts of the case. The Court ultimately expressed itself in paragraphs 31 and 32. Accordingly, paragraphs 31 and 32 of the report are reproduced herein below;-
Supreme Court of India Cites 25 - Cited by 277 - P Sathasivam - Full Document

State Of Delhi vs Gyan Devi And Ors on 18 October, 2000

In State of Delhi v. Gyan Devi and Others [(2000) 8 SCC 239], the Hon'ble Supreme Court reiterated that at the stage of framing of charge the trial court is not to examine and assess in detail the materials placed on record by the prosecution nor is it for the court to consider the sufficiency of the materials to establish the offence alleged against the accused persons.
Supreme Court of India Cites 15 - Cited by 200 - D P Mohapatra - Full Document
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