Legal Question in Criminal Law in India
Cr.P.C. Section 227 - Discharge the accused after framing charges
Dear,
Can accused be discharged after framing of charges on filing application under Section 227 of Cr.P.C. ?
Can the accused file application under section 227 of Cr.P.C. at any stage of trial ?
Is there any case law of any High Court or Supreme Court on this point ?
Thanks in advance.
Regards.
2 Answers from Attorneys
Re: Cr.P.C. Section 227 - Discharge the accused after framing charges
S.227 of the CrPC deals with discharge of the accused. It provides that if the judge, after going through the record and documents submitted and also hearing the prosecution and the accused, comes to the conclusion that no sufficient ground exists to proceed against the accused, he shall discharge him. Therefore, if there is no material on record which connects the accused with the alleged offence, the framing of charge is illegal and is a sufficient ground for the High Court for quashing the charge against the accused and thus discharge him.(AIR 1977 SC 1489)
THe right to ask for discharge is available to the accused at any point of the trial.( 1987 CrLJ 584 Bom).
Such an application is not liable to be dismissed on the ground of its being made before the actual trial begins.( 1988 CrLJ 1471 Bom).
Re: Cr.P.C. Section 227 - Discharge the accused after framing charges
An application under section 227 can be made only before charges are framed.
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