Suresh Patel Versus State of M.P.

Madhya Pradesh High Court (Single Judge)

Criminal Revision, 2525 of 2017, Judgment Date: Nov 14, 2017

Law laid down -

Scope of interference under Section 397 CrPC against an order framing charge, power should be exercised very sparingly and with circumspection and that too in the rarest of rare case. The court should apply the test as to whether uncontroverted allegation available from the record of the case and the documents, prima facie does not establish any offence and the basic ingredients of the offence are not satisfied, then the Court may interfere. Merely non-return of mortgaged papers would not amount to `abetment’ under sections 306 and 107 of the IPC.

Suresh Patel Versus State of M.P.