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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 497 of 2001

PETITIONER:

State of Orissa

RESPONDENT:

Debendra Nath Padhi

DATE OF JUDGMENT: 29/11/2004

BENCH:

Y.K. Sabharwal, D.M. Dharmadhikari & Tarun Chatterjee

JUDGMENT:

J U D G M E N T

[With SLP (Crl.) No.1912 of 2003 and Crl.A.No.46 of 2004]

Y.K.Sabharwal, J.

Can the trial court at the time of framing of charge consider material

filed by the accused, is the point for determination in these matters.

In Satish Mehra v. Delhi Administration and Another [(1996) 9

SCC 766], a two judge Bench judgment, it was observed that if the

accused succeeds in producing any reliable material at the stage of taking

cognizance or framing of charge which might fatally affect even the very

sustainability of the case, it is unjust to suggest that no such material

should be looked into by the court at that stage. It was held that the object

of providing an opportunity to the accused of making submissions as

envisaged in Section 227 of the Code of Criminal Procedure, 1973 (for

short, ’the Code’) is to enable the court to decide whether it is necessary to

proceed to conduct the trial. If the