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HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Vijendra Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. basic procedural details of the case (Para 1) |
| 2. claims regarding non-compliance of legal provisions (Para 2) |
| 3. defense argues compliance was met (Para 3) |
| 4. consideration of rival submissions (Para 4) |
| 5. legal requirements for providing documents (Para 5) |
| 6. details on the cognizance order and compliance (Para 6 , 7) |
| 7. framing of charge and right to move for discharge (Para 8) |
| 8. implications of non-compliance on trial proceedings (Para 9) |
| 9. procedure for providing documents to accused (Para 10) |
| 10. order allowing the application under section 528 (Para 11) |
JUDGMENT :
AVNISH SAXENA, J.
1. Learned A.G.A. has filed the counter affidavit. Sri Shive Datta Yadav, learned counsel for the opposite party no.4 appears and files vakalatnama as well as the counter affidavit. The same are taken on record.
2. Sri Divyanshu Pathak, learned counsel for the accused-applicant appears and submits that he does not want to file rejoinder affidavit in reply to the counter affidavit filed by the State as well as the opposite party no.4. He submits that sole ground of moving the present application under Section 528 B.N.S.S. is the framing of charge by the trial court without the mandatory comp
Non-compliance with mandatory document supply under Section 230 B.N.S.S. constitutes a violation of the right to fair trial, rendering the charge framed by the trial court void.
The court held that failure to give the accused an opportunity to file for discharge before framing charges violates the right to a fair trial under Article 21.
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.
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.
Discharge of accused – At the stage of considering application for discharge court must proceed on assumption that material which has been brought on record by prosecution is true – Defence of accuse....
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
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