Once a charge is framed against the accused, there is no subsequent stage at which the accused can be discharged.

1. Aggrieved by an order of the President, Children's Court for the State of Goa at Panaji, which has dropped charge under Section 2 (m) (i) punishable under Section 8 (2) of the Goa Children's Act, 2003 against accused nos.1 to 9, the petitioner (Original complainant) has preferred this Criminal Revision Application under Section 401 of the Code of Criminal Procedure.

2. The brief facts are that the respondents-original accused nos.1 to 9 alleged to have caused injuries in an altercation between two families on 24.9.2014 in which three young girls, aged about 10 years 3 months, 13 years and 1 month and 17 years and 1 month suffered injuries. Admittedly, those three girls fall within the definition of term, “child” as per Section 2 (d) of the Goa Children's Act, 2003. It seems that it was an incident of trespass and assault on the family of the complainant by respondents no.1 to 9. The only question which arises for determination is as to whether after already framing charge against the respondents no.1 to 9 by the President of Children's Court under Sections 143, 144, 448, 427, 323 read with Section 149 IPC and under Section 2 (m) (i) punishable under Section 8 (2) of the Goa Children's Act, 2003, the President of Children's Court was correct in dropping Section 2(m) (i) of the Goa Children's Act and then referring the matter back to the Sessions Court, North Goa, Panaji, for allotting the same to the learned Magistrate's Court having jurisdiction?

3. I have heard Shri Nigel Da Costa, learned counsel for the petitioner as well as Shri S.R.Rivankar, learned Public Prosecutor for respondent no.10 and Shri Manoj Naik, learned counsel for the respondent nos.1 to 9.

4. The learned counsel appearing for the petitioner and the learned Public Prosecutor Shri Rivankar took strong exception to the impugned order, as according to them, once a charge is framed, the Court cannot discharge the accused and revert back to a stage, which is not provided for in the Code of Criminal Procedure. That would tantamount to reviewing her own order framing charge earlier, which is not the spirit of Section 216 Cr.P.C. It is submitted that Section 216 Cr.P.C. does not contemplate dropping of charge.

5. It is submitted by learned counsel for respondents no.1 to 9 that it being an interlocutory order, the Revision is not maintainable.

6. Sub-section (1) of Section 216 Cr.P.C. provides that any Court may alter or add to any charge at any time before judgment is pronounced. This provision does not speak about discharge of an accused against whom charge for an offence has already been framed and it speaks only for alteration or addition to any charge which has already been framed against such an accused. Chapter-XVIII of the Code provides for trial before a Court of Session and Section 227 thereof provides that if upon consideration of the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. Section 228 provides that if after such consideration and hearing as aforesaid the Judge is of the opinion that there is ground for presuming that the accused has committed an offence which has exclusively triable by the Court he shall frame in writing a charge against the accused. It is, thus, clear that in a case which is triable before a Court of Sessions, here it is the President of the Children's Court under the Goa Children's Act, these provisions provide in what condition and in what manner the accused can be discharged for an offence for which he has been prosecuted and in what condition and manner the Sessions Judge would proceed to frame charge 6 against him. A conjoint reading of Section 216 and Sections 227 and 228 Cr.P.C. makes it clear that these provisions are entirely separate and independent to each other