Kerala High Court Sets Aside Charge Framing in Somasundaram Case
Court mandates written format for charges, offers petitioner chance to file a discharge petition
In a significant ruling, the Kerala High Court has set aside the order framing charges against Somasundaram, who was accused of conducting a finance company without a license and collecting cheques and stamp papers from customers. The petitioner, along with another accused, faced charges under Section 420 read with Section 34 of the Indian Penal Code (IPC) and Sections 13 and 17 of the Kerala Money Lenders Act, 1958. The case originated from Crime No. 884/2011 of Ernakulam Town North Police Station.
The judgment delivered by Justice P.V. Kunhikrishnan highlights the importance of adhering to procedural norms while framing charges in criminal cases. It was observed that the Additional Chief Judicial Magistrate Court, Ernakulam, had framed the charges using a pre-printed format, simply inserting the name of the accused and other details. This method was found to be contrary to the provisions outlined in Section 240(1) of the Code of Criminal Procedure, 1973 and Section 263(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which require charges to be framed in writing.
Justice Kunhikrishnan emphasized that the court cannot resort to using pre-printed forms for framing charges. The judgment reiterates that charges, whether arising from police reports or otherwise, must be documented in writing as prescribed by law. The court's ruling reflects its commitment to ensuring fair trial procedures and upholding the rights of the accused.
In light of this procedural lapse, the court has allowed Somasundaram to file a discharge petition. The order framing the charge against the petitioner, dated December 9, 2019, has been set aside. The petitioner now has the opportunity to file a discharge petition within three weeks from receiving a copy of the court's order. Furthermore, the magistrate is directed to consider the discharge petition without requiring the presence of the petitioner, and to pass appropriate orders expeditiously within four months.
This judgment not only provides relief to the petitioner but also underscores the judiciary's role in safeguarding procedural integrity in criminal proceedings. Legal experts view this decision as a reaffirmation of the principles enshrined in criminal procedural laws, ensuring that charges are framed with due diligence and in accordance with statutory provisions.
Bottom Line:
Framing of charges under Section 240(1) of Cr.P.C./Section 263(1) of BNSS, 2023 must be done in writing and not in a pre-printed format. Opportunity to file a discharge petition must be provided before framing fresh charges.
Statutory provision(s): Code of Criminal Procedure, 1973 Section 240(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 263(1), Code of Criminal Procedure, 1973 Section 246(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 269(1), Indian Penal Code, 1860 Section 420, Kerala Money Lenders Act, 1958 Sections 13 and 17
Somasundaram v. State of Kerala, (Kerala) : Law Finder Doc Id # 2792898
