Case Note & Summary
The applicant, Tushar Prakashchandra Modi, filed a Criminal Revision Application under Section 438 read with Sections 442 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the High Court of Gujarat at Ahmedabad. The application challenged an order dated 19.07.2024 passed by the learned 3rd Additional Sessions Judge, Vadodara, which rejected the applicant's discharge application in GLGP Case No. 6 of 2023. The background of the case involves an FIR being C.R. No. 11196010230003 of 2023 registered with the DCB Police Station, Vadodara City for offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (IPC) and Sections 4(3) and 5 of the Gujarat Land Grabbing (Prohibition) Act, 2020. Initially, a charge-sheet was filed on 15.02.2023 wherein the applicant was shown as Witness No. 38. Subsequently, a supplementary charge-sheet was filed on 04.03.2023 where the applicant was shown as Witness No. 39. However, another supplementary charge-sheet filed on 23.05.2023 arraigned the applicant as Accused No. 8. The applicant then preferred an application under Sections 239 read with Section 227 of the Criminal Procedure Code, 1973 (the Code) for discharge. The learned Sessions Judge rejected the application, leading to the present revision. The High Court heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent-State. The court considered the issue involved and with consent, heard the matter finally. The court noted that the applicant was initially a witness and later made an accused, and at the stage of discharge, only a prima facie case is to be seen. The court found that the Sessions Judge had not properly appreciated the change in status and the material on record. The High Court allowed the revision application, set aside the impugned order, and directed the Sessions Court to reconsider the discharge application afresh in light of the observations made.
Headnote
A) Criminal Procedure - Discharge - Section 239 CrPC - Prima Facie Case - Applicant initially listed as witness in charge-sheet but later arraigned as accused in supplementary charge-sheet - Court held that at the stage of framing of charges, only a prima facie case is to be seen and not a roving inquiry - Held that the Sessions Judge erred in rejecting discharge without considering the change in status of the applicant (Paras 3-5).
Issue of Consideration
Whether the applicant, initially shown as a witness in the charge-sheet and later arraigned as accused in a supplementary charge-sheet, is entitled to discharge under Section 239 of the Criminal Procedure Code, 1973.
Final Decision
The High Court allowed the revision application, set aside the impugned order dated 19.07.2024 passed by the learned 3rd Additional Sessions Judge, Vadodara, and directed the Sessions Court to reconsider the discharge application afresh in accordance with law, after hearing both sides, within a period of four weeks from the date of receipt of the order.
Law Points
- Discharge under Section 239 CrPC
- Prima facie case
- Change of status from witness to accused
- Scope of revision under BNSS
Case Details
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 618 of 2025
P P Majmudar, Shegun B Chokshi, Rohan Shah
Tushar Prakashchandra Modi
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Nature of Litigation
Criminal Revision Application against rejection of discharge application in a land grabbing case.
Remedy Sought
The applicant sought to challenge the order dated 19.07.2024 rejecting his discharge application and prayed for discharge from the offences.
Filing Reason
The applicant was initially shown as a witness in the charge-sheet but later arraigned as accused in a supplementary charge-sheet, and his discharge application was rejected by the Sessions Court.
Previous Decisions
The learned 3rd Additional Sessions Judge, Vadodara rejected the discharge application filed by the applicant on 19.07.2024.
Issues
Whether the applicant is entitled to discharge under Section 239 CrPC when he was initially a witness and later made an accused in a supplementary charge-sheet.
Whether the Sessions Judge erred in rejecting the discharge application without considering the change in status of the applicant.
Submissions/Arguments
The applicant argued that he was initially a witness and later falsely implicated as accused, and there is no prima facie case against him.
The State opposed the discharge application, contending that there is sufficient material to proceed against the applicant.
Ratio Decidendi
At the stage of discharge under Section 239 CrPC, the court is required to consider whether a prima facie case is made out against the accused. The change in status of the applicant from witness to accused is a relevant factor that ought to have been considered by the Sessions Judge. The impugned order was set aside for non-consideration of this aspect.
Judgment Excerpts
By this application under Section 438 r/w. Sections 442 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the applicant seeks to challenge an order dated 19.07.2024 passed below Exh. 5 in GLGP Case No. 6 of 2023 by the learned 3rd Additional Sessions Judge, Vadodara, whereby, the learned Sessions Judge rejected the discharge application filed by the present applicant.
Outlined facts of the case of the applicant is that an FIR being C.R. No. 11196010230003 of 2023 came to be registered with the DCB Police Station, Vadodara City for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (IPC) and Sections 4(3) and 5 of the Gujarat Land Grabbing (Prohibition) Act, 2020 against accused persons named therein, in which, Charge-sheet came to be filed on 15.02.2023, wherein, the present applicant came to be shown as Witness No. 38.
Procedural History
An FIR was registered on an unspecified date. Charge-sheet filed on 15.02.2023 showing applicant as witness. Supplementary charge-sheet on 04.03.2023 also showing applicant as witness. Another supplementary charge-sheet on 23.05.2023 arraigned applicant as accused. Applicant filed discharge application under Sections 239/227 CrPC. Sessions Judge rejected it on 19.07.2024. Applicant filed revision under BNSS on an unspecified date. High Court heard and allowed revision on 02.03.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 438, 442, 528
- Indian Penal Code, 1860: 420, 465, 467, 468, 471, 120B
- Gujarat Land Grabbing (Prohibition) Act, 2020: 4(3), 5
- Criminal Procedure Code, 1973: 239, 227
