Code of Criminal Procedure, 1973: ss.227, 300, 228 – Discharge application – Appellant was acquitted by the Sessions Court for the offences under ss. 148, 149, 448, 364 and 506 IPC – Second FIR filed against appellant alleging inter alia that he and other co-accused had caused the death of the father of the first informant, the same person that they had alleged to have kidnapped and were granted acquittal – Appellant approached the High Court for quashing the criminal proceedings arising out of the second FIR – Dismissing the petition, High Court granted appellant liberty to take up all points of law at the time of framing of charge – Special leave petition preferred by the appellant was dismissed by this Court – Accordingly, appellant filed discharge application u/s. 227 r/w 300(1) CrP.C before trial court – Trial court dismissed the discharge application by observing that such an objection can be raised at the stage of framing charge and not at the stage of discharge – High Court dismissed the revision application filed by the appellant – Held: The stage of discharge u/s. 227 is a stage prior to framing of the charge (u/s. 228 Cr.P.C.) and it is at that stage alone that the court can consider the application u/s. 300 – It is after the court rejects the discharge application, it would proceed to framing of charge u/s. 228 – High Court’s order is quashed – Matter remitted to trial court to consider discharge application. Remitting the matter to trial court, the Court
HELD: On a fair reading of Section 227 Cr.P.C, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for doing so. As per Section 228 Cr.P.C. only thereafter and if, after such consideration and hearing, the Judge is of the opinion that there is ground for presuming that the accused has committed an offence, the trial Court shall frame the charge. Therefore, the stage of discharge under Section 227 Cr.P.C. is a stage prior to framing of the charge (under Section 228 Cr.P.C.) and it is at that stage alone that the court can consider the application under Section 300 Cr.P.C. Once the court rejects the discharge application, it would proceed to framing of charge under Section
228 Cr.P.C. [Para 7][571-C-E]
Ratilal Bhanji Mithani v. State of Maharashtra [1979]
1 SCR 993 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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