Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.06.2022 passed by the High Court at Calcutta in Revision Application
No 1328/2022, by which the High Court has dismissed the said revision application preferred by the appellant – accused and has confirmed the order passed by the learned Special Court, West Bengal (MP & MLA case), Bidharnagar dated 4.3.2022 passed in Special Case
No 120 of 2018, the appellant-accused has preferred the present appeal. 2
The appellant-accused approached the High Court seeking quashing of the entire criminal proceedings emanating out of the second FIR vide order dated 29.04.2016.
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is a stage prior to charge and it is at this stage alone that the court can consider an application under Section 300 Cr.P.C.
It is submitted that once the court rejects the discharge application, it would proceed to framing of charge under Section 228 Cr.P.C. On the basis of the same facts, the appellant is now being sought to be prosecuted for the offence under Section 302 IPC, without invoking Section 346 IPC, only to circumvent the bar under Section 300(1) Cr.P.C.
It is submitted that even otherwise in the first FIR the appellant and other co-accused were tried for the offences under Sections 148, 149, 448, 364 & 506 IPC in FIR No.
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It is submitted that thereafter when the accused had filed the discharge application, the learned trial Court rejected the said application by observing that the appellant-accused is entitled to raise all the points as mentioned in the petition under Section 300(1) Cr.P.C.
At the outset, it is required to be noted that pursuant to the liberty reserved by the High Court while dismissing the petition under Section 482 Cr.P.C., the appellant accused filed an application for discharge under Section 227 r/w Section 300(1) Cr.P.C. On a fair reading of Section 227 Cr.P.C, if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for doing so. at the stage of discharge under Section 227 Cr.P.C., which is a stage prior to framing of the charge under Section 228 Cr.P.C. filed by the appellant – accused along with the application for discharge under Section 227 Cr.P.C., which is a stage prior to framing of the charge and thereafter to pass appropriate orders on framing of the charge under Section 228 Cr.P.C., in case the objection/defence of the accused under Section 300(1) is overruled and the trial Court is satisfied that there is sufficient grounds for framing of charge against the accused. Needless to say, that the learned trial Court shall decide the said application in accordance with law and on its own merits, without being influenced by any of the observations made by the High Court in the impugned order or by this Court in the present order.
Case Title: CHANDI PULIYA Vs. THE STATE OF WEST BENGAL (2022 INSC 1276)
Case Number: Crl.A. No.-002249-002249 / 2022
