TaxTMI 
TaxTMI 
2019 (7) TMI 1546
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....rocedure, 1973 (hereinafter being referred to as "CrPC") seeking his discharge from the case for the aforesaid offences. The application was dismissed by the trial Judge/Special Judge who ordered for framing of charges against him for the aforesaid offences Under Order dated 2nd January, 2018 came to be challenged by the Appellant in a writ petition filed Under Article 226 and 227 of Constitution of India read with Section 482 Code of Criminal Procedure which was dismissed by a lucid impugned judgment dated 22nd November, 2018 which is a subject matter of challenge in the instant appeal. 4. The background facts giving rise to this appeal which needs to be noted are that a criminal case came to be registered as Crime No. 124/2016 on 16th October, 2016 for the offences punishable Under Section 302 read with Section 34 Indian Penal Code by Commercial Street Police after a complaint was filed by one Jayaram(CW-1), who stated that on 16th October, 2016 at around 12.40 p.m. when he along with his friends namely Rudresh, Harikrishna and Kumar assembled near Srinivas Medical Stores, Shivajinagar, one person(accused) being the pillion rider of the motorcycle hacked Rudresh with a sharp edg....
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....tched among the Accused persons. It further observed that the Accused Appellant has failed to justify the necessary ingredients of Section 227 Code of Criminal Procedure and finally held that the matter deserved to be proceeded with framing of charge. The said order came to be affirmed by the High Court on dismissal of the writ petition preferred by the unsuccessful Appellant vide its impugned judgment dated 22nd November, 2018. 7. Ms. Kamini Jaiswal, learned Counsel for the Appellant submits that the impugned judgment has resulted in grave miscarriage of justice and is based on an erroneous interpretation of the factual circumstances of the case and the High Court has not taken into consideration the oral and documentary evidence on record in the proper perspective which has vitiated the entire proceedings and led to gross injustice. 8. Learned Counsel further submits that the bare reading of the extract of charge sheet reveals that the prosecution has failed to adduce evidence which was against the Appellant. That CW 1 to 53, 55 to 76, 78 to 86, 86-92, 94 to 96 and 98 to 112 did not whisper anything against the Appellant and the other witnesses relied by the prosecution to make....
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.... submits that the incident occurred on a day when the RSS workers had organised a path sanchalan, and the deceased, who was dressed in uniform, was brutally attacked by the Accused persons whereby his throat was slit in a single blow, resulting in his immediate death. Admittedly, there is no animosity between the Appellant and deceased. The nature of the act including the recoveries made shows that the consequences were intended to be beyond the physical act itself and was to create fear in the minds of the people at large and to create insecurity and foster disharmony. 14. Learned Counsel further submits that the series of evidence reveals the Appellant's involvement in the commission of crime: i) Appellant is the District President of the Popular Front of India(PFI) which has been involved in killings of several RSS members/Hindu leaders in Karnataka in the past three years. ii) Seizure of banner dated 12th December, 2016 which bore the names and photograph of all the Accused including the Accused Appellant. iii) Several telephone exchanges between Accused No. 1 to 4 and the Accused Appellant. iv) Disclosure report dated 4th November, 2016 which reveals that a leathe....
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....o the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really his function after the trial starts. At the stage of Section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. The sufficiency of ground would take within its fold the nature of the evidence recorded by the police or the documents produced before the court which ex facie disclose that there are suspicious circumstances against the Accused so as to frame a charge against him. 17. In Sajjan Kumar Vs. Central Bureau of Investigation 2010(9) SCC 368, this Court had an occasion to consider the scope of Section 227 and 228 Code of Criminal Procedure The principles which emerged therefrom have been taken note of in para 21 as under: 21. On consideration of the authorities about the scope of Sections 227 and 228 of the Code, the following principles emerge: (i) The Judge while considering the question of framing the charges Under Section 227 Code of Criminal Procedure has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a pr....
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....ourt, it is settled that the Judge while considering the question of framing charge Under Section 227 Code of Criminal Procedure in sessions cases(which is akin to Section 239 Code of Criminal Procedure pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the Accused has been made out; where the material placed before the Court discloses grave suspicion against the Accused which has not been properly explained, the Court will be fully justified in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion against the accused, the trial Judge will be justified in discharging him. It is thus clear that while examining the discharge application filed Under Section 227 Code of Criminal Procedure, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record. 20. If we advert to the facts of the inst....
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....s assigned in these paragraphs and in the preceding paragraphs of this order, NIA has established that material adduced by it are sufficient enough to proceed with the case and that the same do give subjective satisfaction of existence of prima-facie case of alleged offences. Therefore, the subject matter of Point No. 2 deserves to be answered in the Negative, that of Point No. 3 deserves to be answered in the affirmative and that of point No. 4 in the Negative and the said points are hereby answered accordingly. This Court proceeds to pass the following: ORDER The application filed Under Section 227 Code of Criminal Procedure by the Accused No. 5 is hereby dismissed. That the case on hand deserves to be proceeded with framing of charge in respect of alleged offences as mentioned in the charge sheet as against all the Accused persons. 22. The unsuccessful Appellant filed writ petition Under Article 226 and 227 of the Constitution of India read with Section 482 Code of Criminal Procedure The High Court after analysing the entire material on record confirmed the view expressed by the trial Judge and held as under: No doubt the present petition is invoking writ jurisdiction unde....