Judges : K.T.THOMAS,D.P.MOHAPATRA
Kanti Bhadra Shah - Appellant
Versus
State of West Bengal - Respondent
Case No : Crl.A. No. 5 of 2000
Decided On : 01/05/2000
Advocates Appeared :
For the Petitioner:--- For the Respondent:----
Leave granted - Criminal Procedure Code - S.454, 380, 120B IPC - The court discussed the provisions of S.239 and S.240 of the Criminal Procedure Code and highlighted the requirement for the Magistrate to record reasons for discharging the accused but not for framing a charge. The court emphasized the need to expedite court procedures and avoid unnecessary delays.
Fact of the Case:
The appellants approached the High Court to quash the charge framed against them by a Metropolitan Magistrate. The High Court quashed it, but directed the Magistrate to consider again whether the same charges could be framed against appellants afresh.
Finding of the Court:
The court dismissed the appeal, leaving it to the Metropolitan Magistrate to exercise his functions under S.239 or 240 of the Code as he deems fit.
Issues: The main issue was whether the charge framed against the appellants was sustainable, and whether the High Court's direction to the Magistrate to reconsider the charges was necessary.
Ratio Decidendi: The court emphasized that there is no legal requirement for the trial Court to specify reasons for framing a charge, and highlighted the need to expedite court procedures and avoid unnecessary delays.
Final Decision: The appeal was dismissed, leaving the decision to the Metropolitan Magistrate.
1. Leave granted.
2. Though the appellants succeeded in the High Court their grievance still persists as they are not out of woods now. Appellants approached the High Court to quash the charge framed against them by a Metropolitan Magistrate. The High Court quashed it, but directed the Magistrate to consider again whether the same charges could be framed against appellants afresh.
3. We heard learned counsel for the appellants, but we did not find it necessary to hear the sole respondent (State of West Bengal) as this appeal can be disposed of even without the aid of such arguments.
4. On the basis of a complaint lodged with the Police Station, Burra Bazar (Calcutta) an investigation was conducted by the police and the charge-sheet was filed before the Metropolitan Magistrate, Calcutta, against appellants and some other persons for offences under S.454, 380,120B of the Indian Penal Code. The Magistrate issued process to the accused and after hearing them a charge was framed against them for the said offences. While framing the charge the Magistrate had as per order dated 6.3.1999, dismissed the petition filed by the accused for discharging them. Appellants thereafter moved the High Court for quashing the charge.
5. The Metropolitan Magistrate who framed the charge opted to write a short order presumably for dismissing the petition filed by the appellants for discharging them. The Magistrate stated in the order thus:
"The Investigating Officer has submitted charge-sheet against the four accused persons after completion of the investigation under S.454, 380,120B IPC. Hence prima facie the case is established against the accused persons under those Sections. There is nothing on behalf of the accused persons save and except a petition."
6. A learned Single Judge of the High Court who set aside the aforesaid order remarked that it was not discernible from the order of the Magistrate that he had taken into consideration the charge-sheet and the other papers submitted therewith for satisfying himself as to whether there is a prima facie case against the accused persons for the aforesaid offences. This is what the learned Single Judge observed:
"It is true that the language in which the impugned order is passed is not happy one. That I am not sure whether the learned Magistrate applied his mind to the facts and circumstances of the case and took the pain to satisfy himself from the materials disclosed by the chargesheet and other papers submitted therewith as to whether a prima facie case was made out against the accused persons for framing charges under the aforesaid penal provisions."
7. After observing thus learned Single Judge expressed his helplessness in supporting the order framing charges against the appellants. The Metropolitan Magistrate was thereupon directed to peruse the charge-sheet along with other papers submitted to him and satisfy himself again as to the existence of a prima facie case against the accused. The further directions given by the learned Single Judge reads thus:
"If he decides to frame charge upon such satisfaction based on perusal of the charge-sheet and other papers submitted therewith, the learned Magistrate must record the fact of such perusal and his satisfaction, only then he shall proceed to frame the charge. If on the other hand upon perusal of the aforesaid documents the learned Magistrate finds that the papers do not disclose any prima facie case against the petitioner for framing charges, it shall be open to him to discharge the petitioners from the case."
8. We wish to point out that if the trial Court decides to frame a charge there is no legal requirement that 'he should pass an order specifying the reasons as to why he opts to do so. Framing of charge itself is prima facie order that the trial judge has formed the opinion, upon considering the police report and other documents and after hearing both sides, that there is ground for presuming that the accused has committed the offence conce
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