Reasonable opportunity on framing of charge cannot be refused where no prejudice is shown, and inherent power may cure the denial.

Framing of charges is a material stage in a warrant case, and an accused cannot be denied a brief and reasonable opportunity to advance arguments on the charge where no prejudice is shown to the prosecution. The HC held that repeated adjournments and the prosecution's prior arguments did not justify refusing one day's time, and that the earlier revision order did not bar exercise of inherent jurisdiction to secure the ends of justice. The order framing charges was set aside, one day was granted for hearing on the charge, and the trial court was left free to proceed according to law if that opportunity was not availed.

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Issues: Whether the order framing charges ought to be set aside for denial of a reasonable opportunity to advance arguments on the question of charge, and whether the Court should exercise inherent power to grant one day's hearing before charges are finally framed.

Analysis: Framing of charges is a material stage in a warrant case, and the accused was seeking only a short adjournment to advance reply arguments. The record showed repeated adjournments, the prosecution had already argued, and the request for one day's time would not have prejudiced the prosecution. The earlier revision order did not contain any express bar against the accused being heard, and therefore did not prevent the Court from exercising inherent jurisdiction where necessary to secure the ends of justice. Denial of that limited opportunity was held to be unfair in the circumstances, while the Court also considered the need to avoid further delay and ensure a speedy trial.

Conclusion: The order framing charges was set aside, and the accused was granted one day to advance arguments on the charge, failing which the trial court was left free to proceed in accordance with law.

Ratio Decidendi: A short and reasonable opportunity to be heard on framing of charge cannot be denied where no prejudice is shown to the prosecution, and inherent jurisdiction may be exercised to remedy such denial and secure the ends of justice.

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