BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this present petition is to order framing charge followed by the charge sheet. The order framing charge, dtd. 11/3/2019, reads as under:-

(2.) The procedure adopted by the court was erroneous. Hon'ble Supreme Court in the case of Vinay Tyagi vs. Irshad Ali @ Deepak and others, (2013) 4 SCC (Crl) 557 has held that once there are two reports under Sec. 173 Cr.P.C, submitted by the Investigating Agency, both the reports have to be read conjointly and cumulative effect thereof is to be considered along with the documents attached thereto and thereafter the Court has to apply its mind to determine whether there exist grounds to presume that the accused has committed the offence or not?

(3.) In view of the aforesaid position, the order framing charge followed by charge sheet is set aside. The learned trial court is requested to pass a fresh order after considering both the reports along with the documents produced on file, within one month from the date of receipt of the certified copy of this order.