Sadhu Charan Behera vs State of Orissa

S.C. Parija, J.—This Criminal revision is directed against the order dated 30.10.2009, passed by the Special Judge, Vigilance, Bolangir, in CTR No. 4-108 of 2007, framing charges against the accused-Petitioner for commission of offences under Section. 13(2) read with Section 13(1)(d)/7 of the P.C. Act.

The sole contention of the learned Counsel for the Petitioner is that as the accused was admittedly not present in the Court on the date of passing of the impugned order i.e. 30.10.2009, the order framing charges against the accused-Petitioner for the alleged offences u/s 13(2) read with Section 13(1)(d)/7 of the P.C. Act is wholly improper and illegal. In this regard, it is submitted that as the requirement of law as provided u/s 240 Code of Criminal Procedure is that the charges are to be read over and explained to the accused, it is not understood as to how the Special Judge framed charges in the absence of the accused-Petitioner.

On a perusal of the impugned order it is seen that the personal attendance of the accused-Petitioner was dispensed with for that day, i.e., 30.10.2009. The Special Judge, on the ground that the proceeding is dragging on since 3.4.2008, has proceeded to frame charges, which has been read over and explained to the advocate for the accused. This approach of the Special Judge is not in consonance with the provisions of Section 240 of the Code of Criminal Procedure which provides that the charges are to be framed in writing against the accused and the same is required to be read over and explained to the accused who shall be asked as to whether he pleads guilty of the offences charged or claims to be tried.

In view of the above, the impugned order dated 30.10.2009 is set aside. The Special Judge, Vigilance, Bolangir, is directed to take steps for framing of charges afresh, after ensuring the attendance of the accused-Petitioner.

CRLREV is accordingly allowed.