Court Orders Retrial and Compliance with Statutory Provisions Under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Allahabad High Court, Lucknow Bench, has set aside the charges framed against Kallayya Pattadamath, also known as Akshay Pattadamath, citing procedural non-compliance with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The court found that the accused was not afforded the opportunity to file a discharge application nor provided legal aid counsel, as mandated by Sections 262 and 263 of BNSS, thus violating the statutory rights of the accused.
The matter arose from an FIR registered at Police Station Gosainganj, Lucknow, where the accused was alleged to be involved in a fraudulent scheme concerning the sale of banana plants, resulting in a loss of Rs. 29,25,000 to the complainant. The trial court had initially framed charges against Pattadamath and others under various sections of the BNSS and the IT Act.
Justice Ram Manohar Narayan Mishra, presiding over the case, emphasized the importance of procedural safeguards, stating that the failure to provide an opportunity to file a discharge application or consult legal aid counsel before framing charges vitiated the proceedings. The court highlighted that under Section 262(1) of BNSS, an accused is entitled to file a discharge application within 60 days of receiving documents related to the case.
The court's decision to quash the charges was also influenced by the lack of a hearing on the framing of charges, further underscoring the non-compliance with procedural requirements. The judgment referenced several precedents, including the Supreme Court's rulings in "State of Tamil Nadu v. R. Soundirarasu" and "Sidhique Kappan v. State of U.P.," which stress the necessity of adhering to statutory provisions in criminal proceedings.
The case has now been remanded to the trial court with instructions to proceed afresh, ensuring compliance with the law. The trial court is directed to allow the accused to file a discharge application within two weeks and conduct a hearing to decide the matter appropriately.
This ruling serves as a reminder of the judiciary's role in upholding procedural fairness and the rights of the accused, reinforcing the statutory framework established under the BNSS.
Bottom Line:
Framing of charges without affording an opportunity to the accused to file a discharge application or providing legal aid counsel violates statutory provisions under Sections 262 and 263 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and amounts to non-compliance of procedural safeguards.
Statutory provision(s):
Sections 262, 263, 336(3), 338, 340(2), 61(2) of Bharatiya Nagarik Suraksha Sanhita, 2023; Section 66D of IT Act.
