2018 (7) TMI 924 - SC - Indian Laws

There is no ground to interfere with the order framing charge - the trial court is directed to proceed with the matter pending before it.

Summary

Issues:
1. Interference with the order framing charge.
2. Directions regarding the trial court proceedings and record maintenance.

Interference with the Order Framing Charge:
The Supreme Court, comprising Mr. Adarsh Kumar Goel and Mr. Rohinton Fali Nariman, JJ., heard the counsel for both parties and referenced a judgment of a three-Judge Bench dated 28th March, 2018. After reviewing the material on record, the Court concluded that there were no grounds to interfere with the order framing charge. Consequently, the trial court was directed to continue with the pending matter, with all contentions of the parties left open for consideration by the trial court. The parties were instructed to appear before the trial court on 14th May, 2018.

Directions Regarding Trial Court Proceedings and Record Maintenance:
In line with the directions provided in the judgment of the Supreme Court dated 28th March, 2018, the Court issued directives regarding the handling of original records by appellate/revisional courts. It was directed that when the original record is summoned by an appellate/revisional court, a photocopy or scanned copy should be retained for reference, and the original must be promptly returned to the trial court. Similarly, if the trial court record is required in the future, the trial courts were instructed to send a photocopy or scanned copy of the record while retaining the original to prevent delays in proceedings. In cases where the original record is deemed necessary, the appellate/revisional court may request it for perusal purposes only, returning it promptly while keeping a photocopy or scanned copy. Additionally, a copy of the order was directed to be sent to all High Courts, and the appeals in question were disposed of.