Bhopal (Madhya Pradesh): The principal bench of Madhya Pradesh High Court in Jabalpur has remanded a rape case back to the Bhopal District and Sessions Court, which had framed charges even against a friend of the suspect.
As per High Court order, the trial court is not obliged to assign detailed reasons while framing charges. However, the order must reflect that the court has formed its opinion on the basis of the material available on record. Such material, forming the basis of the satisfaction of the court, ought to be indicated in the order itself so as to demonstrate that the court has duly considered the record and has arrived at the conclusion that there are sufficient grounds to proceed.
The High Court noted it has no option but to set aside the impugned order framing the charge and to remand the same to the court below for fresh consideration in the light of the settled legal position. Resultantly, the criminal revision succeeds and is allowed. By setting aside the impugned order, the matter is remanded to the court below for passing an order afresh in the light of the settled legal position, without being influenced by this order.
The Principal Registrar (J) is directed to place a copy of this order before the Chief Justice seeking approval for circulation among all judicial officers through the respective Principal District and Sessions Judge of each district across the state of Madhya Pradesh to comply with the directions given in the order, so as to avoid similar mistakes in future.
Advocate Surdeep Khampariya who appeared on behalf of the petitioner said, Sanjay Jathav, Manoj Raiwar and the victim are friends. Manoj, on the pretext of marriage, made physical relations with the victim who had attempted suicide in Berasia. An FIR was registered against Jathav and Raiwar. But there was no involvement of Jathav in t
