Prayagraj, Jan 27 The Allahabad High Court has said that trial courts across Uttar Pradesh will not defer framing of charges in criminal trials merely because an accused has filed a revision petition or appeal against the order rejecting his discharge application.
Expressing concern over the trend, the High Court said that the trial courts are under a "statutory duty" to frame charges if a plea seeking discharge is rejected unless a superior court has specifically stayed that order.
The direction was passed by Justice Chawan Prakash while dismissing a petition filed by Avanish Chandra Srivastava, a retired government employee who is an accused in a 2004 cheating case.
Petitioner had challenged an order of the Chief Judicial Magistrate (CJM), Kaushambi, that had rejected his application for discharge.
In its order dated January 8, the High Court expressed concern over a recurring trend in which trial courts adjourn the framing of charges or defer the final hearing of cases solely on the pretext that a criminal revision or a writ petition is pending before the High Court even in the absence of a stay order.
"It is a settled provision of law that merely filing of criminal revision or criminal appeal against any order does not amount that the proceedings of the said court having been stayed," the HC observed.
It said that in case the Sessions Court or Magistrate did not find any ground to discharge the accused, then unless the order rejecting the discharge application is challenged and stayed by the Higher Court, the Sessions Court and the Magistrate Courts are statutorily bound to frame charges against the accused.
Avanish Chandra Srivastava v. State of U.P., (Allahabad) : Law Finder Doc Id # 2838268
