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 |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | 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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1276 |
Petitioner | Chandi Puliya |
Respondent | The State Of West Bengal |
SCR | [2022] 14 S.C.R. 566 |
Judgement Date | 2022-12-12 |
Case Number | 2249 |
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