Case Note & Summary
The petitioner, Ashok B Dani, filed a criminal revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the order dated 3.4.2014 passed by the Presiding Officer, Fast Track Court-V, Bangalore, in S.C.No.640/2012, which rejected his application under Section 227 CrPC for discharge. The petitioner was one of the accused in a murder case arising from a complaint by Selvaraj, whose brother Nataraj, a corporator, was attacked and killed on 1.10.2011. The police filed a charge sheet against 12 accused persons for offences under Sections 143, 144, 147, 148, 341, 324, 302, 201, 120(b), 118 read with 149 of the Indian Penal Code, 1860. The petitioner's name appeared in column 2 of the charge sheet, indicating that he was not arrested during investigation. He contended that there was no material connecting him to the crime and sought discharge. The trial court rejected his application, holding that there was sufficient material to frame charges. The High Court, after hearing arguments, dismissed the revision petition, finding that the trial court had correctly applied the law and that there was a prima facie case against the petitioner. The court observed that the mere fact that the petitioner's name appeared in column 2 did not entitle him to discharge, as the court must examine the material on record to determine if there is sufficient ground for proceeding. The petition was dismissed, and the trial court was directed to proceed with the trial.
Headnote
A) Criminal Procedure - Discharge under Section 227 CrPC - Prima Facie Case - The court must consider whether there is sufficient ground for proceeding against the accused; if the evidence does not disclose any prima facie case, discharge may be granted. - Code of Criminal Procedure, 1973, Section 227 - The petitioner sought discharge on the ground that his name appeared in column 2 of the charge sheet and there was no material against him. The court held that the mere mention in column 2 does not automatically entitle discharge; the court must examine the material on record to see if a prima facie case exists. (Paras 4-8)
Issue of Consideration
Whether the petitioner is entitled to be discharged under Section 227 of the Code of Criminal Procedure, 1973, when his name appears in column 2 of the charge sheet and there is no material to connect him with the offence.
Final Decision
The High Court dismissed the criminal revision petition, confirming the trial court's order rejecting the discharge application. The court held that the mere fact that the petitioner's name appeared in column 2 of the charge sheet does not entitle him to discharge; the court must examine the material on record to see if a prima facie case exists. The trial court was directed to proceed with the trial.
Law Points
- Discharge under Section 227 CrPC
- Prima facie case
- Charge sheet column 2
- Standard of proof at framing of charges
