JUDGMENT

ALTAMAS KABIR, J. - Leave granted.

2. Two legal propositions fall for consideration in this appeal. The first proposition deals with the question as to whether having framed charges against an accused, a Magistrate has the jurisdiction in law to recall such order on the ground that the prosecution had failed to comply with the provisions of Section 207 of the Code of Criminal Procedure. An ancillary question will also arise as to whether such failure would render the framing of charge void.

3. The second proposition raises a question as to whether in exercise of its inherent powers, the High Court could quash the charges framed and acquit the accused on account of such non- compliance with the provisions of Sections 207 and 238 of the aforesaid Code.

4. The appellant herein is the original accused No.5 in a special case pending before the learned Special Judge, Mumbai in which charge was framed against him and the other accused persons on 13th December, 1996 under Sections 120-B read with Sections 420, 468, 471, 477-A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d)of the Prevention of Corruption Act, 1988.

5. Though such charge had been framed against the appellant on 13th December, 1996, after about five years an application was made on behalf of the appellant in 2001, before the Special Court seeking directions for production of certain documents in the custody of the prosecution. By order dated 27th August, 2001, the said application was allowed and the prosecution was directed to produce all the documents referred to in the statement of one Mr. P.K.R.K. Menon made on 24th February, 1993. The said documents were ultimately produced in 2002. Thereafter, the appellant filed an application for re-opening the proceedings and for discharge, which was rejected by the learned Special Judge by his order dated 1st April, 2006.

6. In rejecting the said application, the learned Special Judge relied primarily on the decision of this Court in the case of Ratilal Bhanji Mithani vs. State of Maharashtra in which this Court had held that once a charge is framed, the Magistrate has no power under Section 227 or any other provision of the Code of Criminal Procedure to cancel such charge and to discharge the accused. It was also observed that once charge has been framed and the accused pleads not guilty, the Magistrate is required to proceed with the trial to its logical end. In other words, once a charge is framed in a warrant case instituted either on complaint or a police report, the Magistrate has no power under the Code to discharge the accused. He can, thereafter, either acquit or convict the accused.

7. The learned Special Judge also relied another decision of this Court in State of Andhra Pradesh vs. Golconda Linga Swamy and Anr where similar views have been expressed.

8. Aggrieved by the said order of the learned Special Judge, the appellant filed an application under Section 482 of the aforesaid Code before the Bombay High Court for quashing the proceedings of the Special case pending before the learned Special Judge, Mumbai and also for quashing the order dated 1st April, 2006, whereby the learned Special Judge had rejected the appellants application for discharge.

9. Taking a view, which was similar to that expressed by the learned Special Judge, the Bombay High Court dismissed the revisional application upon holding that there had been sufficient compliance by the prosecution with the requirement of law and that failure to produce the documents referred to in the order dated 27th August, 2001 would not nullify the proceedings from the stage of framing of charge. On a reference to the decision in Ratilal Bhanji Mithanis case (supra), the High Court took the view that since charge had been framed, the case would have to go for trial as no case had been made out for exercising jurisdiction under Section 482 of the Code at the said stage.

10. In this appeal, the appellant has assailed the orders passed b