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Judgment
N. Ananda, J.—The petitioners are arrayed as accused no. 11 to 13 in S.C. No. 1/2010 pending trial for offences punishable under Sections 143, 147, 148, 504, 323, 307, 114, 506 r/w. 149 IPC. They pleaded for discharge and the plea of discharge was rejected in terms of order dated 17.11.2012. I have heard learned counsel for petitioner and learned Government Pleader for the State and perused the records of the trial court.
The learned trial judge while rejecting the application filed by petitioners u/s 227 Cr.P.C., has held that:
the effect of further statement dated 19.04.2009 and statements of witnesses are all subject matter of trial by the trial court. All such contentions cannot be decided by the court at this stage of pre-trial proceedings. Even if there are any infirmities or lacunas in the investigation papers, the accused are at liberty to take advantage of the same during the time of main trial.
It cannot be disputed that learned Sessions Judge is trying the case under chapter XVIII Cr.P.C. Section 227 Cr.P.C., deals with discharge and Section 228 Cr.P.C., deals with framing of charge. The learned Sessions Judge can frame charge on hearing the accused and learned Government Pleader after going through investigation records, if he is of the opinion that there are grounds to presume that accused has committed offences alleged against him and committed offences are triable by the Court of Sessions. In the circumstances, the learned Sessions judge should not have passed the impugned order without referring to investigation records and without bearing in mind the provisions of Section 227 and 228 Cr.P.C. Therefore, I pass the following:
ORDER
The Revision Petition is accepted. The impugned order is set aside. The learned Sessions Judge is directed to consider the application filed by accused no. 11 to 13 u/s 227 Cr.P.C., in the light of observations made herein and in accordance with law.
Office is directed to send back the records along with a copy of this order.