Excelsior Correspondent
JAMMU, Mar 2: High Court has dismissed a petition filed by a businessman Madan Lal Aggarwal challenging charges framed by the Trial Court for commission of offence punishable under Section 420/34 RPC, 6/13 of Hoarding and Profiting Act and 3/32 of Tourist Trade Act and Sections 103,104 and 106 of Trade Mark Act.
After hearing AAG Amit Gupta for the respondents and counsel for the petitioner, Justice Ali Mohammad Magrey observed, “as has been rightly observed by the Trial Court vital evidence that has come on record during investigation against the accused-petitioner on the disclosure of the prosecution witnesses formed the basis for framing of the charge”.
“At the stage of framing of charge, the court was concerned not with proof of allegation, rather it had to focus on material and form an opinion whether there was strong suspicion that accused had committed an offence which if put to trial could prove his guilt”, High Court said, adding “in the present case, there was sufficient material on record to uphold the order of framing of charges by the Trial Court”.
“Discharge of accused is not justified”, the High Court said while dismissing the petition.
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