On the basis of a complaint lodged with the Police Station, Burra Bazar (Kolkata) an investigation was conducted by the police and the charge-sheet was filed before the Metropolitan Magistrate, Kolkata, against appellant
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
On the basis of a complaint lodged with the Police Station, Burra Bazar (Kolkata) an investigation was conducted by the police and the charge-sheet was filed before the Metropolitan Magistrate, Kolkata, against appellants and some other persons for offences under Sections 454, 380 and 120B of the Indian Penal Code, The Magistrate issued process to the accused and after hearing them a charge was framed against them for the said offences. The Metropolitan Magistrate who framed the charge opted to write a short order presumably for dismissing the petition filed by the appellants for discharging them. On appeal against the order, a learned Single Judge of the High Court sets aside the aforesaid order stating that it is clear from the order of the Magistrate that he had not taken into consideration the charge-sheet and the other papers submitted therewith for satisfying himself as to whether there is a prima facie case against the accused persons. He further directs him that if he decides to frame charge upon such satisfaction based on perusal of the charge-sheet and other papers submitted therewith, the learned Magistrate must record the fact of such perusal and his satisfaction, only then he shall proceed to frame the charge. In the light of judicial pronouncement, comment whether detailed written orders are required at every stage of trial or not specially, in case of framing of charges.
Answer & Explanation:
The Hon'ble Supreme Court in Kanti Bhadra Shah v. State of West Bengal , said that it is unnecessary to write detailed orders, at all stages of the criminal justice such as issuing process, remanding the accused to custody, framing charge etc. The apex Court further held that at the stage of framing charge there need to be only a prima facie case and there is no need for giving reasons for his decision to frame charges. Even in the cases instituted otherwise than on a police report, the Magistrate is required to write an order showing the reasons. Even in a trial before a Sessions Court, the Judge is required to record reasons only if he decides to discharge the accused. But, if he decides to frame charge, he could do so without adducing any reasons. In view of the above judicial pronouncement, it can be said that detailed written orders may not be required at every stage of trial especially in case of framing of charges.
Topics: Criminal Procedure Code (CrPC)
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