BHARAT PARIKH Vs. C B I

JUDGEMENT

(1.) Leave granted.

(2.) Two legal propositions fall for consideration in this appeal. The first proposition deals with the question as to whether having framed charges against an accused, a Magistrate has the jurisdiction in law to recall such order on the ground that the prosecution had failed to comply with the provisions of Section 207 of the Code of Criminal Procedure. An anciliary question will also arise as to whether such failure would render the framing of charge void.

(3.) The second proposition raises a question as to whether in exercise of its inher ent powers, the High Court could quash the charges framed and acquit the accused on account of such non-compliance with the provisions of Sections 207 and 238 of the aforesaid Code.