Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 262 – Prevention of Corruption Act, 1988, Section 13 – Penal Code, 1860 – Sections 420, 468, 471, 120B – Framing of Charge.
2025 KER 43152,
High Court of Kerala; A. Badharudeen, J.
Crl. Rev. Pet. No. 95 of 2025; 17 June 2025
Revision petitioner, accused No. 3, challenged the order framing charge dated 24.10.2024 in C.C. No. 16/2017 by the Enquiry Commissioner and Special Judge, Thalassery – Allegations of criminal conspiracy and misappropriation in repair work of Dasakandam Pond – Petitioner claimed trial court ignored discharge petition filed under Section 262 of BNSS – Court found no record of such petition but noted procedural defects – Charge against petitioner set aside – Trial court directed to consider fresh discharge petition within two weeks – Criminal revision petition allowed.
Held: The trial court erred in framing charge without addressing the revision petitioner’s plea for discharge. Opportunity granted to the petitioner to file a fresh application under Section 262 of the BNSS – 2023, for hearing on discharge plea, with direction to trial court to set aside charge against accused No. 3 pending such consideration.
Code of Criminal Procedure, 1973 – Section 239 – When accused shall be discharged.
It is the well settled law that, when there is a Final Report requesting further action dropped, the Court can very well accept the report, for the reasons stated therein. The Court also has the option to scrutinize the materials to find out as to whether as per the said report also any offences made out, for which cognizance can be taken and to take cognizance for the said offences. Apart from that, the Court can very well reject the Final Report for valid reasons, followed by direction for further investigation to file a fresh Final Report. (Para 12)
For Petitioner :
Adv. S. Rajeev
|
R. Anas Muhammed Shamnad |
M.S. Aneer |
C.C. Anoop |
Hamdan Mansoor K. |
For Respondents :
Adv. Rekha S |
Rakesh A. (Spl. Government Pleader) |
