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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR, J
Sritharan – Appellant
Versus
State Of Tamil Nadu Rep. Through The Inspector Of Police – Respondent
ORDER :
K.Murali Shankar, J.
The Criminal Revision is directed against the order passed in Crl.M.P.No.277 of 2019 in S.C.No.77 of 2018 dated 04.11.2024 on the file of the Assistant Sessions Court, Virudhunagar, dismissing the petition for discharge filed under Section 227 of the Code of Criminal Procedure.
2. On the basis of the complaint lodged by one Elango, FIR came to be registered in Crime No.409 of 2016 on 15.09.2016 against Mickelraj, Sridharan/petitioner herein and four other persons for the alleged offences under Sections 147, 148, 307 and 109 IPC on the file of the respondent police and after completing the investigation, the respondent police has laid the final report against six persons including the petitioner (accused 4 and 5 being juveniles, charge sheet against them was laid before the Juvenile Justice Board) for the alleged offences under Sections 147, 148, 307 and 149 IPC and the case was taken on file in P.R.C.No.8 of 2018 on the file of the Court of the Judicial Magistrate No.II, Virudhunagar and after committal, the case was taken on file in S.C.No.77 of 2018 and the same was made over and is pending on the file of the Assistant Sessions Court, Virudhunagar.
3. Wh
At the discharge stage, the court must determine if prima facie evidence exists to frame charges, assuming the prosecution's material is true without conducting a detailed inquiry.
Discharge of accused – If there is sufficient ground for presuming that accused has committed offence, order of discharge cannot be passed and accused has to face trial.
The court emphasized that the absence of cogent reasoning in rejecting a discharge petition under Section 227 of the Cr.P.C. constitutes a procedural irregularity, warranting remand for fresh conside....
Stage of considering the discharge application, the Court is not expected to go deep into the probative value of the material on record.
Discharge from criminal charges requires prima facie evidence; mere naming in FIR without supporting evidence is insufficient for trial.
The need for a reasoned order while passing an order of discharge and the essentials of framing charges under Section 227 of Cr.P.C.
The Court determined that at the charge framing stage, a strong suspicion based on available evidence is sufficient to proceed with the trial.
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