New Delhi: In a significant legal development, the Court of the Learned Additional Sessions Judge (Fast Track Court), Patiala House Courts, New Delhi, has discharged the accused in a case registered under Section 376 of the Indian Penal Code (IPC), arising out of FIR No. 91/2024.
Order Details
The order, dated 12 March 2026, was passed after hearing detailed arguments on the point of charge. The Hon’ble Court observed that the material placed on record did not disclose the level of “grave suspicion” required for the framing of charges against the accused.
Defence Submissions
The defence was represented by Advocate Harish Kaushik and Advocate Maneesh, along with Himanshi, Himanshu Kaushik, and Mohsin. The defence team advanced comprehensive arguments, emphasizing that the evidence on record did not meet the legal threshold necessary to proceed to trial.
It was specifically submitted that the available material lacked sufficient grounds to justify the continuation of criminal proceedings.
Court’s Observation and Findings
After a thorough examination of the case records and submissions from both sides, the Hon’ble Court concluded that:
- The prosecution failed to establish the requisite prima facie case.
- The evidence on record did not create grave suspicion against the accused.
- The legal threshold required for framing of charges was not satisfied.
Discharge Under Section 227 CrPC
In light of these findings, the Court discharged the accused under Section 227 of the Code of Criminal Procedure (CrPC), which empowers the Court to discharge an accused where no sufficient ground exists for proceeding further.
Statement by Defence Counsel
Advocate Maneesh stated that the order underscores the importance of judicial scrutiny at the stage of framing of charge. He further highlighted that criminal proceedings should continue only when there is adequate and legally sustainable material on record.
Conclusion
The order reaffirms the settled legal principle that courts must ensure a careful evaluation of evidence before directing an accused to face trial. The Hon’ble Court passed the discharge order after considering the entire record and the applicable legal framework governing the stage of charge.