Accused sought quashing of rejection of his discharge application under Section 227 Cr.P.C., but charges had been framed and prosecution evidence was being recorded. Following Supreme Court precedent that no discharge is possible after framing of charge, the High Court dismissed the Section 482 petition as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20020 of 2023
Arising Out of PS. Case No.-117 Year-2019 Thana- GORAUL District- Vaishali
======================================================
NASIM AHMAD @ MD. WASIM Son of Shabbir Ahmad Resident of Hasanpur Gangati @ Rasulpur Gangati, P.S.- Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Jha For the Opposite Party/s : Mr.Rita Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 04-03-2024
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.20020 of 2023(2) dt.04-03-2024 2/2
1979 SC 94 and in the case of Stree Atyachar Veerodi Parishadh vs. Dilip Nathumal Chordiya, reported in 1989 S.C.C. (1) 715, has held that after framing of charge, the question of discharge does not arise. Once charges are framed under Section 228 of the Cr.P.C., there is no back-gear for discharging the accused under Section 227 of the Cr.P.C.
(Prabhat Kumar Singh, J)
sanjeev/-
U T
1 issue framed by the court
Whether a Section 482 petition lies to discharge an accused under Section 227 Cr.P.C. after charges have already been framed and trial commenced.
Colour shows how this judgement treated each authority
Ratilal Bhanji Muthani vs. State of MaharastraFollowed¶4
A.I.R. 1979 SC 94 · Who else cites this
Stree Atyachar Veerodi Parishadh vs. Dilip Nathumal ChordiyaFollowed¶4
1989 S.C.C. (1) 715 · Who else cites this
3 provisions across 1 enactments
Nasim Ahmad @ Md. Wasim
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
