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2025 DAILYLAW 22400 (RAJ)

NEMI CHAND SHARMA v. STATE OF RAJASTHAN AND ANR

CRLMP/2875/2015 · 2025-01-22

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2875/2015 Nemi Chand Sharma son of Shri Yashoda Nandan Sharma, resident of Behror, District Alwar, at present R/o A-583, Gali No.6, Meet Nagar, Delhi. ----Petitioner Versus 1. The State of Rajasthan through PP. 2. Chhagan Lal Sharma Purohit son of Shri Ramgopal Brahmin (Purohit), Resident of Ward No.1, Behror, District Alwar (Raj.) ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. JS Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 22/01/2025 1. By way of filing of this petition, a challenge has been led to the impugned order dated 06.05.2015 passed by the Additional Chief Judicial Magistrate, Behror, District Alwar in Criminal Case No.24/2006, by which the charges have been framed against the petitioner for the offences under Sections 467, 468, 471 and 120-B IPC. 2. None has put in appearance on behalf of the petitioner. 3. The instant criminal misc. petition has been preferred by the petitioner on the ground that the petitioner has been falsely implicated and he has not committed any offence whatsoever, even then, the impugned order has been (2 of 2) [CRLMP-2875/2015] passed against him, by which the aforesaid charges have been framed. 4. Perusal of the record as well as the impugned order indicate that an FIR was registered against the petitioner, wherein allegations have been levelled that the petitioner along with co-accused persons has created certain fake and fabricated documents and on the basis of the same, charge- sheet was submitted against them and thereafter, charges were framed against the petitioner. 5. It is settled proposition of law that at the stage of framing of charge, only prima facie case is required to be seen. The correctness, genuineness and reliability of the allegations levelled in the charge-sheet are required to be taken into count and the defence of the accused cannot be looked into at this stage, hence, under these circumstances, Trial Court has not committed any error in passing the order impugned, which requires any interference of this Court. 6. Accordingly, the instant criminal misc. petition stands dismissed. The stay application and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/58