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Tag: CrPC 227 – Exercise of Judicial Mind

B.Parvathi Vs State of AP on 7 May, 2020

Posted on September 6, 2022 by ShadesOfKnife

A reasoned judgment on maintainability of IPC 494 upon the Accused No.2 and the merits of discharge petition filed before Trial Court u/s 227 CrPC. It relies on AP State Amendment of 1992.

In Page 35,

Earlier the offence punishable under Section 494 IPC is a non-cognizable offence. The Legislative Assembly of the State of Andhra Pradesh by way of Andhra Pradesh Second Amendment Act 3 of 1992, amended the first schedule to Central Act 2 of 1974 i.e. the Code of Criminal Procedure, 1973 and made the offence under Section 494 IPC a ‘cognizable’ offence and a ‘non-bailable’ offence. The said Andhra Pradesh Second Amendment Act 3 of 1992 was reserved by the Governor of Andhra Pradesh on the 21.10.1991 for consideration and assent of the President. The Presidential assent was received on 10.02.1992 and the amendment was published on 15.02.1992 in the Andhra Pradesh Gazette Part IV-B (Ext.). Therefore, with effect from 15.02.1992 undoubtedly the offences punishable under Sections 494 and 495 IPC are cognizable offences in the State of Andhra Pradesh. So, the police officer can now register the case under Section 154 Cr.P.C. and can investigate the same under Section 156 Cr.P.C. The bar engrafted under Section 198(1) Cr.P.C. to take cognizance of the case under Section 494 IPC is on the Court and not on the police. So, in view of the fact that it is a cognizable offence, police can register the case on a report lodged with them to that effect and also investigate the case and file final report under Section 173(2) Cr.P.C. Now, the crucial question that arises for consideration is, whether Court can take cognizance of the case on such police report/ charge-sheet filed by the police or not in view of the express bar engrafted under Section 198(1) Cr.P.C. on the Court to take cognizance of the case except upon a complaint filed by the aggrieved party before it.

B.Parvathi Vs State of AP on 7 May, 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act 1992 CrPC 227 - Discharged CrPC 227 - Exercise of Judicial Mind IPC 494 - Marrying again during life-time of husband or wife IPC 494 Compoundable Offence in Andhra Pradesh | Leave a comment

Asim Shariff Vs National Investigation Agency on 01 July 2019

Posted on February 16, 2020 by ShadesOfKnife

Supreme Court has held that,

19. Taking note of the exposition of law on the subject laid down by this Court, it is settled that the Judge while considering the question of framing  charge under Section 227 CrPC in sessions cases (which is akin to Section 239 CrPC pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the  material placed before the Court discloses grave suspicion against the accused which has not been properly explained, the Court will be fully justified  in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion  against the accused, the trial Judge will be justified in discharging him. It is thus clear that while examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record.

Asim Shariff Vs National Investigation Agency on 01 July 2019

Citations: [

Other Source links: https://indiankanoon.org/doc/33080905/ Earlier High Court order: https://www.casemine.com/judgement/in/5c4c63cb9eff4364f62e246c


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Asim Shariff Vs National Investigation Agency CrPC 227 - Discharge CrPC 227 - Exercise of Judicial Mind CrPC 239 - Discharge CrPC 239 - Exercise of Judicial Mind Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra on 28 April, 2008

Posted on November 9, 2019 by ShadesOfKnife

The Apex Court had held that,

“15. It is trite that the words “not sufficient ground for proceeding against the accused” appearing in the Section postulate exercise of judicial mind on the part of the Judge to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. However, in assessing this fact, the Judge has the power to sift and weigh the material for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine a prima facie case depends upon the facts of each case and in this regard it is neither feasible nor desirable to lay down a rule of universal application. By and large, however, if two views are equally possible and the Judge is satisfied that the evidence produced before him gives rise to suspicion only as distinguished from grave suspicion, he will be fully within his right to discharge the accused. At this stage, he is not to see as to whether the trial will end in conviction or not. The broad test to be applied is whether the materials on record, if unrebutted, makes a conviction reasonably possible.”

Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra on 28 April, 2008

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharged CrPC 227 - Exercise of Judicial Mind Landmark Case Legal Procedure Explained - Interpretation of Statutes No Grave Suspicion Against Accused Two Views Possible - Suspicion Vs Grave Suspicion Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra

Sajjan Kumar Vs C.B.I on 20 September, 2010

Posted on June 2, 2018 by ShadesOfKnife

This judgment from Supreme Court affirms that a prima facie finding of sufficient material showing grave suspicion is enough to frame a charge. This case is related to Mr. Sajjan Kumar Member of Parliament.

Comments by Judges from Para 16:

A Magistrate enquiring into a case under section 209 of the Cr.P.C. is not to act as a mere Post Office and has to come to a conclusion whether the case before him is fit for commitment of accused to the Court of Session.

From Para 17,Following principles have emerged

 

(i) The Judge while considering the question of framing the charges under Section 227 of the Cr.P.C. has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine prima facie case would depend upon the facts of each case.
ii) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing a charge and proceeding with the trial.
iii) The Court cannot act merely as a Post Office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities etc. However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.
iv) If on the basis of the material on record, the Court could form an opinion that the accused might have committed offence, it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence.
v) At the time of framing of the charges, the probative value of the material on record cannot be gone into but before framing a charge the Court must apply its judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible.
vi) At the stage of Sections 227 and 228, the Court is required to evaluate the material and documents on record with a view to find out if the facts emerging therefrom taken at their face value discloses the existence of all the ingredients constituting the alleged offence. For this limited purpose, sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case.
vii) If two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trial Judge will be empowered to discharge the accused and at this stage, he is not to see whether the trial will end in conviction or acquittal.

Sajjan Kumar Vs C.B.I on 20 September, 2010

Citations: [2011 PLJR 1 33], [2011 ALLSCR 0 24], [2010 SCC 9 368], [2010 MWN CR 3 325], [2011 MLJ CRI 1 552], [2011 AIR SC 3730], [2010 CCR 4 37], [2010 SLT 6 753], [2011 CUTLT SUPPL 252], [2010 AIOL 625], [2010 JT 10 413], [2010 SCALE 10 22], [2010 SCC CRI 3 1371], [2010 AIC 95 115]

Other Source links: https://indiankanoon.org/doc/68365/ and https://www.casemine.com/judgement/in/5609aee3e4b0149711415065


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 227 - Discharge CrPC 227 - Exercise of Judicial Mind Grave Suspicion Against Accused Sajjan Kumar Vs C.B.I Work-In-Progress Article | Leave a comment

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