Sapandeo Singh @ Sapandeo Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sapandeo Singh @ Sapandeo Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The order dated 02.09.2023 framing charge is rejected; the learned trial judge is directed to dispose of the application under Section 227 of the CrPC first and thereafter take appropriate step for consideration of charge on the basis of his finding upon that application; the criminal revision is allowed on contest.

Issue for consideration

Whether the learned Special Judge committed illegality and material irregularity in framing charge against the petitioner by order dated 02.09.2023 without considering the petition under Section 227 of the CrPC filed by the petitioner on 19.12.2022.

Court's answer

When an accused files a petition under Section 227 of the CrPC, it is the bounden duty of the trial court to dispose of that application first; only if the application is rejected is the trial court legally entitled to frame charge against the accused.

Ratio / Principle

Prior to framing charge under the penal provisions invoked, the learned Special Judge did not dispose of the application under Section 227 of the CrPC.

Key takeaways

Framing of charge by the learned Special Judge of Nawada without first disposing of the Section 227 CrPC application is ex facie illegal and suffers from material irregularity.ratio¶18

Detailed headnote1 paragraphs

Patna High Court, Criminal Revision No. 52 of 2024 (decided 16-04-2025, Bibek Chaudhuri, J.) — Charge cannot be framed without first deciding a pending Section 227 CrPC petition. The petitioner, an accused in PS Case No. 129 of 2017 (P.S. Roh, Nawada) facing charges under Sections 147/148/149/341/323/307/353/427/436/504/506 of the IPC, Sections 3 and 4 of the Public Property Damage Act and Sections 3(1)(r)(q) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, had filed a Section 227 CrPC petition on 19.12.2022 pursuant to the liberty granted by a Coordinate Bench of the Patna High Court while dismissing his Section 482 CrPC application (Criminal Miscellaneous No. 3615 of 2018) on 21.07.2022, permitting him to raise the issue of his involvement on the basis of videography taken by the Circle Officer and mentioned in the FIR at the stage of consideration of charge. The learned Special Judge, Nawada framed charge on 02.09.2023 without disposing of that petition. Held: on a Section 227 CrPC petition by an accused, the trial court is duty-bound to dispose of it first, and may frame charge only if the petition is rejected; framing charge without doing so is ex facie illegal and suffers from material irregularity. Revision allowed on contest; the order dated 02.09.2023 is rejected and the trial court directed to decide the Section 227 application first and then consider charge on the basis of its finding thereon.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.52 of 2024

Arising Out of PS. Case No.-129 Year-2017 Thana- ROH District- Nawada

======================================================

Sapandeo Singh @ Sapandeo Kumar, S/O Late Srichand Singh @ Srichandra Singh Village/P.O.- Samharigarh, Ps. Roh, Dist. Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sidhenra Narayan Singh, Advocate Mr. Kumar Lalit, Advocate For the Respondent/s : Mr. Binay Krishna, Advocate ======================================================

... ... Respondent/s

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

6 16-04-2025

A very short question is involved in the instant

revision, viz whether the learned Special Judge committed illegality and material irregularity in framing charge against the petitioner vide order dated 02^nd September 2023 without considering the petition under Section 227 of the CrPC filed by the petitioner on 19^th December 2022.

It is further contended by the learned Advocate on behalf of the petitioner that the petitioner previously filed an application under Section 482 of the CrPC before this Court bearing Criminal Miscellaneous No. 3615 of 2018. A Coordinate Bench of this Court vide order dated 21^st July 2022, dismissed the above-mentioned miscellaneous case with the liberty to the petitioner to raise the issue relating to his

Patna High Court CR. REV. No.52 of 2024(6) dt.16-04-2025 2/3

involvements on the basis of videography taken by the Circle Officer and mentioned in the FIR at the time of consideration of charge. On the basis of the said order, the application under Section 227 of the CrPC was filed.

But the learned trial judge without considering the application under Section 227 of the CrPC, framed charge against the petitioner under Sections

147/148/149/341/323/307/353/427/436/504/506 of the IPC, Sections 3 and 4 of the Public Property Damage Act and Sections 3(1)(r)(q) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Framing of charge by the learned Special Judge of Nawada is ex facie illegal and suffers from material irregularity because if an accused files a petition under Section 227 of the CrPC, it is the bounded duty of the trial court to dispose of the said application first and thereafter, if the said application is rejected, he is legally entitled to frame charge against the accused persons.

However, prior to framing the charge under the above-mentioned penal provisions, the learned Special Judge did not dispose of the application under Section 227 of the CrPC.

Patna High Court CR. REV. No.52 of 2024(6) dt.16-04-2025 3/3

For the reasons stated above, the order dated 02^nd September 2023 is rejected. The learned trial judge is directed to dispose the application under Section 227 of the CrPC first and thereafter to take appropriate step for consideration of charge on the basis of his finding upon the application under Section 227 of the CrPC. In view of the above order, the instant criminal revision is allowed on contest.

(Bibek Chaudhuri, J)

Suraj Dubey/-

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