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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen
K.V.Haneefa – Appellant
Versus
Central Bureau Of Investigation SCB – Respondent
| Table of Content |
|---|
| 1. allegations of organized emigration fraud. (Para 1 , 4) |
| 2. arguments presented by both parties. (Para 2 , 3 , 7 , 8 , 9) |
| 3. challenge to illegal framing of charges. (Para 5 , 6 , 10) |
| 4. law on charge framing and discharge. (Para 14 , 15 , 16) |
| 5. court's adherence to statutory obligations. (Para 18 , 19 , 22) |
| 6. final dismissal of revision petition. (Para 23) |
ORDER :
A. Badharudeen, J.
This criminal revision petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred as 'BNSS' for short] by the revision petitioner, who is accused No.14 in C.C. No.23/2016 on the files of the Special Court (SPE/CBI)-I, Ernakulam, assailing the order dated 17.06.2025 in Crl.M.P. No.151/2025 in the above case, whereby the discharge plea at the instance of the revision petitioner was dismissed by the learned Special Judge.
2. Heard the learned counsel for the revision petitioner and the learned Special Public Prosecutor appearing for the Central Bureau of Investigation (CBI), in detail. Perused the order impugned and the decision placed by the learned counsel for the revision petitioner.
3. Parties in this criminal revision petition sh
Framing of charges can occur in the absence of the accused, provided proper legal representation is present, ensuring no violation of the accused's rights.
Framing charges without affording accused opportunity for discharge under BNSS Section 262(1), hearing, or legal aid to custodial accused violates mandatory procedure; order set aside and remanded.
The judiciary must uphold statutory safeguards in charge framing, ensuring independent judicial reasoning and preserving defendants' rights under Articles 14 and 21 of the Constitution.
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
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