SHAHNAWAZ BABA Vs. STATE OF J AND K
LAWS(J&K)-1999-4-4
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 28,1999

SHAHNAWAZ BABA Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

G.L.Raina, J. - (1.) The Division Bench of this court ruled in case S.K. Mahajan v. Municipality Jammu and others that the bar created by subsection (4-a) of Section 435 of the Code of Criminal Procedure would be attracted where an order of framing the charge is challenged under the revisional jurisdiction of the court. The court ruled that the bar would get attracted where the challenge to the order of framing the charge is based upon the merits of the main controversy namely whether or not the accused has been found guilty of the offence charged. It came to be further held in this case that the said bar (of sub-section (4-a) of Section 435) would not be attracted and the court would be competent to revise the order of framing a charge in case the challenge to the order is based upon the plea which is independent of the main controversy and which if accepted would conclude the proceedings against the accused.
(2.) Yet again in case Ali Ahanger v. State and ors., the court held that an order of framing the charges is purely an interlocutory order and is not open to interference in the revisional jurisdiction, as the purpose of framing a charge is only to pave the way for holding the trial. Framing of charges came to be held to be a step towards that direction.
(3.) In case V.C. Shukla, Appellant v. State the Apex court observed: The order of framing of charges is purely an interlocutory order as it does not terminate the proceedings but the trial goes on until it culminates in acquittal or conviction.;


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