Case Note & Summary
The applicant, Madhukar Sukhdeo Thube, was the accused in RTC No.557/2012 pending before the Judicial Magistrate First Class, Ahmednagar, for offences under Sections 498A, 323, 504, and 506 of the Indian Penal Code. He challenged the order dated 29.10.2012 framing charge against him. The main contention was that the charge was framed without supplying a copy of the charge sheet to him. On 29.10.2012, the applicant appeared before the Trial Court, and on the very day after the warrant issued against him was cancelled, a charge was framed and his plea was recorded. The certified copy of the roznama supported this version. The case was a warrant case instituted on a police report, governed by Chapter XIX of the Code of Criminal Procedure, 1973. Section 207 CrPC requires the Magistrate to furnish to the accused, free of cost, copies of the police report, FIR, statements recorded during investigation, etc., without delay. Section 238 CrPC mandates compliance with Section 207 before proceeding with the trial. The court held that the requirement of Section 207 is mandatory and failure to comply renders the proceedings illegal. The order framing charge was quashed and set aside, and the matter was remanded back to the Trial Court with a direction to first comply with Section 207 CrPC and then proceed afresh.
Headnote
A) Criminal Procedure - Framing of Charge - Section 207, 238 CrPC - Mandatory Supply of Documents - The Magistrate framed charge against the accused without furnishing copies of the police report, FIR, statements, etc., as required under Section 207 CrPC. The accused appeared on the same day and charge was framed immediately after cancellation of warrant. Held that non-compliance with Section 207 vitiates the proceedings and the order framing charge is illegal (Paras 5-7).
Issue of Consideration
Whether the framing of charge against the accused without supplying a copy of the charge sheet and other documents as required under Section 207 of the Code of Criminal Procedure, 1973 is illegal and liable to be quashed.
Final Decision
The order framing charge dated 29.10.2012 is quashed and set aside. The matter is remanded back to the Trial Court with a direction to first comply with Section 207 CrPC and then proceed afresh in accordance with law.
Law Points
- Right to receive copies of police report and documents under Section 207 CrPC is mandatory
- Non-compliance vitiates the framing of charge
- Warrant case procedure under Chapter XIX CrPC requires compliance with Section 207 before framing charge
