Case Note & Summary
The applicant, Vasant Santoshrao Palwe, a retired Police Sub-Inspector, filed Criminal Application (APL) No.252 of 2014 before the Bombay High Court, Nagpur Bench, seeking discharge from a corruption case. The application was filed after the charge had already been framed. The court noted that the proposition of law is well settled: after the charge is framed, no application seeking discharge is maintainable. The applicant's counsel relied on Baburao Hari Pawar vs. State of Maharashtra, 1987 Cri. L.J. 584, but the court distinguished it, noting that the Supreme Court in Ratilal Bhanji Mithani vs. State of Maharashtra, AIR 1979 SC 94, had clearly held that an application for discharge under Section 227 or 239 CrPC must be made before the charge is framed. Once the charge is framed, the only course is to proceed with the trial. The same view was expressed in Pramod Narayan Bandekar vs. State of Maharashtra, 2008(4) Mh.L.J. 347. Accordingly, the application was dismissed as not maintainable.
Headnote
A) Criminal Procedure - Discharge Application - Maintainability After Framing of Charge - Sections 227, 239 Code of Criminal Procedure, 1973 - The applicant, a retired police sub-inspector, filed a discharge application after the charge was framed in a corruption case. The court held that once charge is framed, no application for discharge is maintainable, relying on the Supreme Court decision in Ratilal Bhanji Mithani vs. State of Maharashtra, AIR 1979 SC 94. The application was dismissed. (Paras 4-5)
Issue of Consideration
Whether an application for discharge is maintainable after the charge has been framed.
Final Decision
The application is dismissed as not maintainable.
Law Points
- Discharge application not maintainable after framing of charge
- Sections 227 and 239 CrPC govern discharge before charge
- Once charge framed
- accused must face trial
Case Details
2015 LawText (BOM) (02) 148
CRIMINAL APPLICATION (APL) No.252 OF 2014
Mr. M.V. Amale, Advocate for the Applicant; Mr. S.M. Bhagde, Addl. Public Prosecutor for the Respondents/State
The Government of Maharashtra, Through Deputy Superintendent of Police, Anti Corruption Bureau, Yavatmal; The Government of Maharashtra, Through PSO Police Station Digras; The Government of Maharashtra, Through Special Inspector General of Police, Amravati Range, Amravati
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Nature of Litigation
Criminal application seeking discharge from a corruption case after charge was framed.
Remedy Sought
The applicant sought discharge from the case.
Filing Reason
The applicant filed the application after the charge had been framed, seeking discharge.
Previous Decisions
Charge had already been framed in the trial court.
Issues
Whether an application for discharge is maintainable after the charge has been framed.
Submissions/Arguments
The applicant's counsel relied on Baburao Hari Pawar vs. State of Maharashtra, 1987 Cri. L.J. 584, to argue that discharge application is maintainable even after charge. The respondent/State argued that the Supreme Court in Ratilal Bhanji Mithani vs. State of Maharashtra, AIR 1979 SC 94, held that discharge application is not maintainable after framing of charge.
Ratio Decidendi
An application for discharge under Section 227 or 239 CrPC must be made before the charge is framed. Once the charge is framed, there is no occasion for the court to discharge the accused before recording evidence at trial.
Judgment Excerpts
After the charge is framed no application seeking discharge is maintainable.
Once the charge is framed, there would be no occasion for the Sessions Court or the Magistrate as the case may be to discharge the accused before recording of the evidence at the trial.
Procedural History
The applicant was facing a corruption case. Charge was framed by the trial court. Thereafter, the applicant filed this application before the High Court seeking discharge. The High Court dismissed the application as not maintainable.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 227, 239
