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2009 Supreme(SC) 497

TARUN CHATTERJEE, V.S.SIRPURKAR
Ajoy Kumar Ghose – Appellant
Versus
State of Jharkhand – Respondent


Judgement Key Points

Key Points: - The judgment discusses the distinction between warrant trials instituted on police reports vs. otherwise than on police reports, and the necessity of leading evidence before framing a charge (!) (!) (!) . - It analyzes the procedure and timing for discharge under Section 245(2) Cr.P.C., including that discharge can occur at any previous stage, even before evidence is led, and the need for a reasoned order (!) (!) (!) . - It examines the conditions for framing a charge under Section 246(1) Cr.P.C., clarifying that framing typically follows evidence under Section 244(1), but the phrase "at any previous stage" may permit earlier framing only with some evidentiary basis, and emphasizes that there must be some evidence on record before charging (!) (!) (!) (!) . - The text outlines the procedural differences and the prosecution’s opportunity to lead evidence before and after charge in warrant trials (!) (!) . - It notes the necessity of cross-examination opportunities and the impact of premature framing of charges on fair trial rights (!) (!) . - The conclusion directs returning the matter for prosecution to lead evidence under Section 244(1) and then reconsider framing of the charge, indicating the charge framed prematurely is to be quashed (!) .

How to determine whether a charge can be framed in a warrant trial instituted otherwise than on police report without prior evidence?

What is the correct scope and timing of discharge under Section 245(2) Cr.P.C. in a warrant trial instituted otherwise than on police report?

What are the permissible stages and evidentiary requirements for framing a charge under Section 246(1) Cr.P.C. in a warrant-case trial?


Judgment :-

V.S. Sirpurkar, J.

1. Leave granted.

2. A judgment passed by the High Court of Jharkand, Ranchi, dismissing the writ petition and confirming the order of the Trial Court, refusing to discharge the accused-appellant, is in challenge here.

3. The appellant Ajoy Kumar Ghosh, along with some others, is facing prosecution for the offences under Sections 177, 181, 182, 192, 196, 199, 209, 466, 468, 471 and 474 of the Indian Penal Code (hereinafter referred to as ‘IPC for short), before the Chief Judicial Magistrate, Ranchi. These charges are based on an official complaint filed by the Registrar General, Patna High Court against these accused persons including the present appellant, who, at the relevant time was Director, Indian School of Mines, Dhanbad. In the said complaint it is, inter alia, contended:

(i) That one Shri M.S. Chhabra, who was the Assistant Professor in the Indian School of Mines, Dhanbad, was proceeded against for misconduct and accordingly punishment of compulsory retirement was imposed on him.

(ii) Indian School of Mines, Dhanbad, a registered Society, is a deemed university governed by the Rules & Regulations and bye-laws of the School. In the matter of cl















































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