web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 240 – Framing of Charge

State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004

Posted on June 4, 2018 by ShadesOfKnife

A key question is clarified by the 3-judge bench of Supreme Court in this landmark judgment.

Can the trial court at the time of framing of charge consider material filed by the accused?

The scope of Sections 227 and 228 and scope of Sections 239 and 240 are explained along with scope of Sections 482

At the end the following is the summary arrived at.

  • Under Sections 227 and 228, a Magistrate of the trial court, is supposed to consider only the material sent by prosecution along with the record of the case and the documents sent along with it, at the time of framing of the charge. The accused at that stage has no right to place before the court any material.
  • Under Sections 239 and 240, requires the Magistrate to consider ‘the police report and the documents sent with it under Section 173’ and, if necessary, examine the accused and after giving accused an opportunity of being heard, if the Magistrate considers the charge against the accused to be groundless, the accused is liable to be discharged by recording reasons thereof.
  • Regarding the argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of Constitution of India is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal’s case. Under Section 482 of the Code, along with the petition the accused may file unimpeachable evidence of sterling quality and on that basis seek quashing.

 

Legal point around application under/of CrPC 91

In so far as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document beingnecessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning andproduction is made and the party who makes it whether police or accused. If under Section 227 what is necessary and relevant is only the record produced in terms of Section 173 of the Code, the accused cannot at that stage invoke Section 91 to seek production of any document to show his innocence. Under Section 91 summons for production of document can beissued by Court and under a written order an officer in charge of policestation can also direct production thereof. Section 91 does not confer any right on the accused to produce document in his possession to prove his defence. Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof.

Final conclusion: (from Para 29)

We are of the view that jurisdiction under Section 91 of the Code when invoked by accused the necessity and desirability would have to be seen by the Court in the context of the purpose  investigation, inquiry, trial or other proceedings under the Code. It would also have to be borne in mind that law does not permit a roving or fishing inquiry. Regarding the argument of accused having to face the trial despite being in a position to produce material of unimpeachable character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of Constitution of India is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal’s case.

State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004

Citations : [2005 AIR SC 359], [2005 ALT CRI 1 1198], [2005 CLT SC 99 348], [2005 GLH 1 312], [2004 JT SC 10 303], [2005 KLT SC 1 80], [2005 OLR SC 1 357], [2005 RLW SC 3 414], [2004 SCALE 10 50], [2005 SCC 1 568], [2005 SCC CRI 415], [2004 SLT 7 339], [2004 SUPREME 8 568], [2005 OCR 30 177], [2005 RCR CRI 1 297], [2005 CALCRILR 1 487], [2005 CRIMES SC 1 1], [2004 AIR SCW 6813],ย [2005 CTC SC 1 134]

Other Sources :

https://indiankanoon.org/doc/7496/

https://www.casemine.com/judgement/in/5609ae0be4b0149711412c9f


Index of Quash judgments u/s 482 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge CrPC 228 - Framing of charge CrPC 239 - When accused shall be discharged CrPC 240 - Framing of Charge CrPC 482 - Defence Documents may be Examined for Quash CrPC 482 - Saving of inherent powers of High Court CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Quash State of Haryana Vs Ch Bhajan Lal State Of Orissa Vs Debendra Nath Padhi Submissions Of Accused to Discharge | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
bancheneproduct KV Iyyer - BHARAT ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ‡ฎ๐Ÿ‡ฑ @bancheneproduct ·
7 Jul

This is Chandra Kishore Patil from Indiranagar in #Nashik standing beside the #Godavari river. He stands here from morning till 11 pm at night with a whistle and stops people from throwing garbage into the river.

Several people behave rudely with him, but he still pursues themโ€ฆ

Reply on Twitter 1942223512078516640 Retweet on Twitter 1942223512078516640 5101 Like on Twitter 1942223512078516640 20728 X 1942223512078516640
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
timesalgebraind Times Algebra @timesalgebraind ·
8 Jul

๐Ÿšจ RAJDEEP: Should learning Marathi be mandatory for everyone in Maharashtra?

PRIYANKA CHATURVEDI : Absolutely, Yes !!

RAJDEEP: But, Do you speak Marathi yourself? ๐Ÿ˜…

PRIYANKA: My Marathi is weak. I tried learning French, couldnโ€™t manage. Tried Braj Bhasha, didnโ€™t succeedโ€ฆ

Reply on Twitter 1942677075439370456 Retweet on Twitter 1942677075439370456 2217 Like on Twitter 1942677075439370456 16594 X 1942677075439370456
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
autismcapital Autism Capital ๐Ÿงฉ @autismcapital ·
9 Jul

Grok engineers: "It said what?"๐Ÿ’€

Reply on Twitter 1942760858570109050 Retweet on Twitter 1942760858570109050 6643 Like on Twitter 1942760858570109050 128126 X 1942760858570109050
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
theskindoctor13 THE SKIN DOCTOR @theskindoctor13 ·
8 Jul

Kaushalya Devi, 66, had a routine, every morning, she would visit the nearby Ardh-narishwar temple in Dehradun.

This Sunday, during the same routine, two Rottweilers from a neighbourโ€™s house jumped the wall and mauled her. Two fractured bones, multiple lacerations, 200+โ€ฆ

Reply on Twitter 1942562230840467582 Retweet on Twitter 1942562230840467582 2890 Like on Twitter 1942562230840467582 8761 X 1942562230840467582
Load More

Recent Posts

  • Cases where Perjury Proceedings were initiated July 3, 2025
  • Dara Lakshmi Narayana and 6 Ors Vs State of Telangana and Anr on 10 Dec 2024 June 27, 2025
  • Mohammad Wajid and Anr Vs State of U.P. and Ors on 08 Aug 2023 June 26, 2025
  • Ajay Rajendra Khare and Ors Vs State of Maharashtra on 10 Jun 2025 June 26, 2025
  • BSA Sec 128 – Communications during marriage June 25, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,926 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,404 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (2,277 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,747 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,594 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,340 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,156 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (967 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (919 views)
  • Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 (823 views)

Tags

Reportable Judgement or Order (405)2-Judge (Division) Bench Decision (375)Landmark Case (369)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (294)Catena of Landmark Judgments Referred/Cited to (274)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (60)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)

Categories

Supreme Court of India Judgment or Order or Notification (718)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (319)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (107)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)Assorted Court Judgments or Orders or Notifications (50)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (36)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2025 (1)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • CGK (Jakarta) on 2025-07-16 July 16, 2025
    THIS IS A SCHEDULED EVENT Jul 16, 19:00 - 23:00 UTCJul 3, 06:02 UTCUpdate - We will be performing scheduled maintenance in CGK (Jakarta) datacenter on 2025-07-16 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 13:00 - 19:00 UTCJul 10, 03:29 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2025-07-15 between 13:00 and 19:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • SOF (Sofia) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 01:00 - 04:00 UTCJul 2, 14:35 UTCScheduled - We will be performing scheduled maintenance in SOF (Sofia) datacenter on 2025-07-15 between 01:00 and 04:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 42.6.177.184 | SD July 9, 2025
    Event: Bad Event | Total: 158 | First: 2022-11-10 | Last: 2025-07-09
  • 2a00:1450:4864:20::245 | SD July 9, 2025
    Event: Bad Event | Total: 363 | First: 2021-07-16 | Last: 2025-07-09
  • 2a00:1450:4864:20::145 | SD July 9, 2025
    Event: Bad Event | Total: 356 | First: 2024-08-25 | Last: 2025-07-09
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 2198 access attempts in the last 7 days.

pixel