Excelsior Correspondent
JAMMU, Feb 3: High Court of Jammu & Kashmir and Ladakh today refused to quash the charges in murder case registered against one Rakesh Kumar alias Gudda for killing Rahul Bhagat, son of Subash Chander Bhagat of Dhandyal, Udhampur.
After hearing both the sides, Justice Sanjeev Kumar observed, “there is plethora of judicial precedents laying down guidelines for the courts framing charge under Section 227 and 228 of the CrPC. The trial court has referred to couple of judgments in this regard”.
“Suffice it to say that in view of the settled legal position and the scope of the jurisdiction of the trial court to frame charge, the trial court has committed no illegality in framing the charges against the petitioner. To reiterate, the evidence on record, oral as well as documentary, is sufficient to create a strong suspicion about the involvement of the petitioner in the commission of crime and therefore, there is sufficient ground for proceeding against the petitioner and consequently, framing of charge under Section 228 of the CrPC”.
Accordingly, High Court dismissed the petition.
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