Appeal against framing of charges under Bharatiya Nyaya Sanhita and SC/ST Act dismissed due to its interlocutory nature; Revision or inherent jurisdiction suggested as remedies.
In a significant ruling by the Himachal Pradesh High Court, the appeal filed by Lagnesh Verma against the framing of charges under Sections 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been dismissed. The court, presided over by Mr. Jiya Lal Bhardwaj, J., clarified that the framing of charges does not constitute a final order but is an interlocutory one, thereby rendering the appeal unmaintainable.
The appeal stemmed from an order dated September 23, 2025, passed by the Special Judge, Kinnaur Sessions Division at Rampur Bushehar. Lagnesh Verma's counsel argued that the order framing charges should not be considered interlocutory, citing various precedents from the Supreme Court. However, the High Court, referencing decisions such as V.C. Shukla v. State through C.B.I. and Madhu Limaye v. State of Maharashtra, reiterated that the framing of charges is an intermediate order, not terminating proceedings, thus an appeal is not permissible under Section 14A of the SC/ST Act.
The court suggested that the aggrieved party might consider filing a revision or invoking inherent jurisdiction under Sections 397 or 482 of the Criminal Procedure Code, 1973, or other applicable laws. This decision aligns with the Supreme Court's stance to expedite trials by limiting appeals against interlocutory orders.
The ruling underscores the court's adherence to procedural efficiency, emphasizing the importance of distinguishing between interlocutory and final orders in criminal proceedings. The appellant retains the option to pursue alternative legal remedies available under the law.
Bottom Line:
Appeal against framing of charges under Bharatiya Nyaya Sanhita, 2023 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable as the framing of charges is considered an interlocutory order and not a final order.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 115(2), 352; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14A; Criminal Procedure Code, 1973 Sections 397, 482.
Lagnesh Verma v. State of H.P, (Himachal Pradesh) : Law Finder Doc id # 2850225
