Supreme Court of India
Ajoy Kumar Ghose v. State of Jharkhand & Anr.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
Accordingly, the appeal is disposed of with the direction that the matter shall now go back to the Trial Court and the Trial Court shall proceed to examine all the witnesses offered by the prosecution and it is only after the evidence of those witnesses is recorded, that the Trial Court would proceed to decide as to whether the charge is to be framed or not. The appeal, thus, succeeds partly.
Judgment, 29
From the headnote
Code of Criminal Procedure, 1973: Sections 244, 245, 246 - Official complaint from Registrar General of High Court stating that the accused persons were guilty of using a fabricated and forged letter in the court with active connivance and conspiracy on their part - Summons issued - Application under s. 245(2) Cr.P.C. rejected - Charges framed - Correctness of - Held: The charges framed clearly premature - There should be evidence before framing the charges - Opportunity to cross examine is lost - Order framing the charge quashed - Matter to go back to Trial Court - Prosecution to offer witnesses under s.244(1) Cr.P.C. and opportunity to cross-examine - Only thereafter Trial Court would proceed to decide as to whether the charges to be framed or not - Penal Code, 1860, Sections 177, 181, 182, 192, 196, 199, 209, 466, 468, 471, 474.
Authorities it was built on
- Verendra v. Aashraya Makers
- 1971 Cricket Association of Bengal & Ors. v. State of West Bengal & Ors.
- Sambhaji Nagu v. State of Maharashtra
- P. Ugender Rao v. J. Sampoorna
- 2005 Iqbal Singh Marwah v. Meenakshi Etc.
Where later benches applied it
- 2013 Sunil Mehta & Anr. v. State of Gujarat & Anr.
- 2026 Neeraj Gupta v. Pardeep Kumar Bansal
- 2025 M/s Rimjhim Ispat Limited and Others v. Union of India & Another
Of those, 1 relied on · 2 referred to
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