Criminal Procedure Code, 1973
Section 227 read with Section 300(1)—Dismissal of application by trial court confirmed by High Court—Appeal—Prayer to discharge appellant-accused from the subsequent second FIR in terms of Section 300(1) of CrPC—Stage of discharge under Section 227 CrPC is a stage prior to framing of charge (under Section 228 CrPC) and it is at that stage alone that the court can consider the application under Section 300 CrPC—Once the court rejects the discharge application, it would proceed to framing of charge under Section 228 CrPC—Trial Court has erred in not considering the application under Section 300(1) CrPC at the time of framing of charge and/or prior to framing of charge—Trial Court had observed that appellant-accused shall be entitled to raise all points as mentioned in his application under Section 300(1) CrPC at the time of hearing on framing of charge—Such exercise was required to be done at a stage prior to framing of charge and if ultimately the court comes to conclusion overruling the objection of Section 300(1) CrPC and on facts satisfies then it may frame the charge as provided under Section 228 CrPC—High Court has not at all appreciated and/or considered such aspect—Matter remitted to the trial court to consider the application under Section 300(1) CrPC filed by the appellant – accused along with the application for discharge under Section 227 CrPC, which is a stage prior to framing of the charge and thereafter to pass appropriate orders on framing of the charge under Section 228 CrPC, in case the objection/defence of the accused under Section 300(1) is overruled and the trial court is satisfied that there is sufficient grounds for framing of charge against the accused.
[Paras 7 to 10]