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Discharge of Accused and Power of Revision in Criminal Cases

Discharge of Accused and Power of Revision in Criminal Cases

FromLegal Talks by Desikanoon


Discharge of Accused and Power of Revision in Criminal Cases

FromLegal Talks by Desikanoon

ratings:
Length:
10 minutes
Released:
May 31, 2021
Format:
Podcast episode

Description

Facts in Brief In the instant case, the accused had moved an Application seeking discharge under Section 239 of CrPC contending that he has been falsely implicated. However, his application was dismissed by the Trial Court on the ground that the merits of the case can be gone into only at the later stages of trial. The accused moved the High Court under its revisionary jurisdiction of Section 397 of CrPC but the High Court also declined to entertain the Revision Petition observing that interference in the order framing charges or refusing to discharge is called for in rarest of rare case only to correct the patent error of jurisdiction and the present case is not the one. Important Provisions Section 239. When accused shall be discharged.— If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.  Section 397. Calling for records to exercise of powers of revision — (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.  Precedents Discussed by the Court  The Court discussed the case of Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, (2018) 16 SCC 299, that was relied upon by the High Court to dismiss the Revision Petition of the accused. The High Court had relied upon the following excerpt: - “37. Thus, we declare the law to be that order framing charge is not purely an interlocutory order nor a final order. Jurisdiction of the High Court is not barred irrespective of the label of a petition, be it under Sections 397 or 482 CrPC or Article 227 of the Constitution. However, the said jurisdiction is to be exercised consistent with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of rare case only to correct a patent error of jurisdiction and not to reappreciate the matter…..” The Hon’ble Supreme Court of India reconciled the interpretations provided in Asian Resurfacing (supra) and the case of Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551, and observed that the “orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of Section 397 (2) of CrPC.” Further, it was observed that the High Court has inherent powers under Section 482 and other provisions of CrPC to prevent abuse of process or to secure ends of justice. According to the Court, though such discretion is to be exercised carefully yet it does not mean that a hyper technical approach is to be adopted.  Held by the Court The Court concluded by stating that: -  “17. Further, it is well settled that the trial court while considering the discharge application is not to act as a mere post office. The Court has to sift through the evidence in order to find out whether there are sufficient grounds to try the suspect. The court has to consider the broad probabi
Released:
May 31, 2021
Format:
Podcast episode

Titles in the series (100)

This show talks about the general legal news and affairs taking place in India as well as the world, analysis of interesting case-laws and upcoming fields of law. The aim is to make legal aspects as simple as possible so that everybody could understand.