Complainant cannot move application for framing of charges against the accused: Allahabad High Court

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  • Dilawar Khan
  • 26 Dec, 2023
  • 0 Comments
  • 1 Min Read

Complainant cannot move application for framing of charges against the accused: Allahabad High Court

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Jawahar Lal And Another

…Applicant

versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

…Opposite Parties

Date of Judgement: 29.11.2023

Citation: 2023:AHC-LKO:78945

Download Judgement: Click Here

Facts:
  • FIR lodged against applicants alleging they killed complainant’s son who was having an affair with applicant no. 2
  • Initially FIR filed for missing person. Later dead body found and FIR modified to allege murder by applicants.
  • Chargesheet filed by police under Section 306 IPC (abetment to suicide).
  • On complainant’s application under S.228 CrPC, charges framed against applicants u/s 302/34, 201 IPC.
Applicants’ Arguments:
  • Delay of 25 days in filing FIR shows malafide intention.
  • Chargesheet filed by police under Section 306 IPC after investigation but trial court framed charges under Sections 302/34, 201 IPC on complainant’s application. This is impermissible.
  • Relying on Supreme Court judgment in P. Karthikalakshmi case, complainant has no right to seek alteration of charges. The power lies exclusively with the Court.
Complainant’s Arguments:
  • Statement of applicant no. 2 indicates motive to kill the deceased.
  • Though complainant moved application seeking framing of charges, Court applied its mind and framed charges. No illegality.
  • No bar in CrPC against complainant moving an application for framing of charges. It only helped Court frame correct charges.

State’s Arguments:

  • Accused can move discharge applications though CrPC is silent. So complainant can also move application for framing charges. No illegality.

Court’s Reasoning and Conclusion:

  • CrPC S.228 does not permit complainant to file application for framing charges. Court has to apply mind based on chargesheet only.
  • Framing charges based on complainant’s application is against CrPC S.228. Relying on complainant’s application made the order unsustainable.
  • Impugned order set aside. Matter remitted back to frame charges as per procedure in CrPC S.228.
  • Application allowed.

Sections Referred: IPC Sections 302, 306, 201, 34; CrPC Sections 227, 228, 464

Case Law Referred: P. Karthikalakshmi vs Sri Ganesh (Supreme Court)

 

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