Shaik Shahina vs The State Of Andhra Pradesh on 6 July, 2026

    0
    4
    ADVERTISEMENT

    The Criminal Revision Case is filed under Sections 438 and 442 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking

    SPONSORED

    to set aside the order dated 08.05.2026 framing charges in S.C.No.19 of 2026

    on the file of the learned Special Court for Speedy Trial of Offences under the

    Protection of Children from Sexual Offences Act, Prakasam at Ongole.

    2. Heard Sri C.Nageswar Rao, learned Senior Counsel appearing Sri

    Uday Kumar Vampugadavala, learned Counsel for the Petitioners, Smt. Jyothi

    Eswar Gogineni, learned Counsel for the Respondent No.2 and Sri A.Sai

    Rohith, learned Assistant Public Prosecutor.

    3. Sri C.Nageswar Rao, learned Senior Counsel appearing Sri Uday

    Kumar Vampugadavala, learned Counsel for the Petitioners while reiterating

    the grounds of revision, has submitted that the order framing charges is illegal,

    irregular, and contrary to the material available on record. The Investigating

    Officer found no prima facie material against the Petitioners and that they

    were implicated only based on a second statement of the complainant

    recorded after an unexplained delay of about eight months, which merely

    repeated the earlier version. No material in the charge sheet, remand report,

    or witness statements discloses the Petitioners’ involvement in the alleged

    offences. The learned Senior Counsel also submits that the learned Trial

    Court framed charges without conducting the mandatory hearing

    Dr.YLR, J

    Dated 06.07.2026

    contemplated under Section 251(2) of ‘the BNSS.,’ thereby violating the

    prescribed procedure. It is eventually concluded that in the absence of such

    hearing and sufficient material, the learned Trial Court could not have formed

    an opinion that there were grounds to presume the Petitioners had committed

    the alleged offences. Therefore, it is urged that the order dated 08.05.2026

    framing charges in S.C.No.19 of 2026 is liable to be set aside.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here