Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973:ss. 227 and 228 - Role of the Judge at the stage of framing of charge - Inter-connection between ss.227 and 228. Held: When the charge under a particular section is dropped or diluted, (although the accused is not discharged), some minimum reasons in nutshell are expected to be recorded disclosing the consideration of the material on record. On the analogy of a discharge order, the Judge must give his reasons at/east in a nutshell, if he is dropping or diluting any charge, particularly a serious one - It is also necessary for the reason that the order should inform the prosecution as to what went wrong with the investigation. Besides, if the matter is carried to the higher Court, it will be able to know as to why a charge was dropped or diluted. s.228 - Dereliction of duty by Sessions Judge in framing of correct charge against accused in a criminal case involving death of a young person - Judicial order passed by appellant. Sessions Judge diluting the charge against the accused. Suo-moto Criminal revision pursuant to note by the Inspecting Judge - Revisional Court made observations against the appellant for not framing charge under s. 302 IPC against the accused and also made suggestion to High Court Administration to take corrective steps with respect to the appellant - High Court Administration examined the record of the appellant and denied him selection grade - Challenge to observations/suggestions of Revisional Court which led to the denial of selection grade - Held: Not tenable - A Judge is expected to look into the material placed before him and if he is of the view that no case is made out for framing of a charge, his order ought to be clear and self-explanatory with respect to the material placed before him - In the present case, all that the appellant stated in his judicial order was, that on consideration of the material available in the case diary, he found no sufficient material to frame the charge under s.302 -IPC - He also did not state in his order as to why he was of the opinion that the material available in the case diary was insufficient - Appellant did not even refer to the statement of the injured eye witness, and the supporting medical papers on record - Such a bald order raises a serious doubt about the bona fides of the decision rendered - It was not a case of grave and sudden provocation, thus, there was a prima facie case to frame charge under s.302 IPC - The reason given for dropping the charge under s.302 was totally inadequate and untenable, and showed non-application of mind by the appellant to the statements in the charge-sheet and the medical record - No explanation was given as to why a charge under s.304 IPC was preferred to one under s.302 IPC. It cannot be said that the appellant did not have requisite experience to pass a correct legal order under s.228 CrPC . That apart, the impugned order in Revision contained only a correctional suggestion to the High Court Administration which the Administration accepted - It was not a case of making any adverse or disparaging remarks - The appellant was responsible for unjustified dilution of the charge and therefore, thorough checking of his service record was necessary which is, what was directed in the impugned order of the Revisional Court - Penal Code, 1860 - ss. 302 and 304. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2011 INSC 87 |
Petitioner | R.s. Mishra |
Respondent | State Of Orissa & Ors. |
SCR | [2011] 2 S.C.R. 338 |
Judgement Date | 2011-02-01 |
Case Number | 232 |
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