Before Framing Charges U/S 228 CrPC, Trial Court Should Form An Opinion That There Is Ground For Presuming That Accused Committed Offence : Kerala HC
The Kerala High Court held that before framing charges under Section 228 of Cr.P.C., a Judge has to form an opinion that there is ground for presuming that an accused has committed an offence.
The Court quashed the charges framed by a trial Judge due to the violation of the mandate under Section 228 of Cr.P.C.
The petitioner had argued that despite being heard under Section 227 of Cr.P.C., the trial court framed charges without forming an opinion as to the ground for presuming that he has committed the offences alleged or a finding to the effect that no sufficient grounds were there for a discharge.
A Single Bench of Justice Sophy Thomas observed, “Going by Sections 227 and 228 of Cr.P.C., the Judge has to consider the records and documents submitted, and on hearing the submissions of the accused and prosecution, if the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for doing so. So for discharging an accused under Section 227 of Cr.P.C., the Judge should record specific reasons for discharge.”
Advocate Philip Mathews represented the petitioner, while Sr. PP Renjit George appeared for the respondent.
The Court held that “it could be seen that the learned Judge did not form an opinion that there is ground for presuming that the petitioner has committed the offence.”
The Court quashed the charge framed by the trial court and directed the trial Judge to hear the prosecution and the petitioner once again under Section 227 of Cr.P.C.
The Court further directed the trial Judge to form an opinion as to whether there is ground for a discharge and if not whether there is ground for presuming that the accused has committed the offences alleged.
Accordingly, the High Court disposed of the petition.
Cause Title: Litty Thomas v. State of Kerala (2024:KER:6180)
Appearance:
Petitioner: Advocates Philip Mathews, E. Radhakrishnan, Aby Skaria, and Seba Anna Simon
Respondent: Sr. Public Prosecutor Renjit George
