Discharge after charge framing is impermissible once a Sessions court has proceeded under the CrPC charge provisions.

The power of discharge under Section 227 of the Code of Criminal Procedure is confined to the pre-charge stage. Once a Court of Session has considered the materials and framed charge under Section 228, it must proceed with the trial under the succeeding provisions and cannot later revert to Section 227 to discharge the accused. The commentary also notes that Section 362 does not permit reconsideration of a charge-framing order, and Section 216 allows alteration or addition of charge but not discharge or termination of the trial after charge has been framed.

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Issues: Whether a Court of Session can discharge an accused under Section 227 of the Code of Criminal Procedure, 1973 after charge has already been framed under Section 228 of the Code of Criminal Procedure, 1973.

Analysis: The scheme of Chapter XVIII of the Code places consideration for discharge under Section 227 and framing of charge under Section 228 at the same stage. Once the Court of Session, on the relevant materials, chooses to frame charge under Section 228, the trial must proceed in the manner prescribed by the succeeding provisions. The Court rejected the view that Section 362 permits reconsideration of an order framing charge, and held that Section 216, which authorises alteration or addition to charge, does not confer power to discharge an accused and terminate the trial after charge has been framed. Independent provisions such as withdrawal of prosecution or compounding stand on a different footing and do not justify reverting to Section 227 after the charge stage has been crossed.

Conclusion: A Court of Session has no power to discharge an accused under Section 227 after a charge has already been framed under Section 228; the impugned discharge order was and had to be set aside.

Ratio Decidendi: The power of discharge under Section 227 is confined to the pre-charge stage, and once a Sessions Court frames charge under Section 228, it cannot later invoke Section 227 to discharge the accused.

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