M. GIRIJESH S/O LATE MUNIYAPPA Vs. STATE OF KARNATAKA, BY LOKAYUKTHA POLICE, TUMKAR REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, BANGALORE-560 001

JUDGEMENT

(1.) THIS revision petition is disposed of finally after hearing learned Counsel for the parties. The petitioner is accused No. 1 in the trial court in respect of a case registered against him and another for the affences punishable under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and the petitioner's grievance is that he was not heard before the charge was framed and therefore, he has sought for setting aside the order dated 20.04.2011 directing framing of the charge.

(2.) SRI .C.H.Jadhav, learned Counsel for the petitioner referring to the order sheet of the trial court, submitted that the matter was posted on 25.02.2011 to hear before charge and on that day, the order sheet does not indicate that the accused -petitioner was heard and further on the next date of hearing i.e., 20.04.2011 also, the order sheet is silent as to whether the petitioner was heard before ordering charge to be framed and that apart, the proceedings of 20.04.2011 does not even reveal as to whether the court had decided to frame the charge, but however, in the left side column of the order sheet there is a mention by the concerned court official that the matter is listed for charge. As such, the trial court going ahead and reading of charge to the petitioner on 10.06.2011 is contrary to the provisions of the Cr.P.C. and the procedure contemplated therein in respect of framing of the charge. Therefore, the matter be remanded to the trial court to hear the petitioner afresh before framing of the charge.

(3.) HAVING thus heard both sides and after going through the order sheet of the trial court, this Court is in agreement with the submission made by learned Counsel Sri.C.H.Jadhav for the petitioner because, the order sheet first of all does not even make out as to what was the order passed by the learned trial Judge on 25.02.2011 and 20.04.2011. Secondly, on 25.02.2011, the matter was posted for hearing before charge and the order sheet does not indicate as to whether the petitioner was heard on that date. Again on the following hearing date i.e., on 20.04.2011, (sic) is nothing in the order sheet to indicate that the petitioner was heard before charge, but only on the left side column of the order sheet, there is mention presumably by the court clerk that the matter is posted for charge. However, there is no order of the learned trial Judge above the signature of the learned Judge that the petitioner has heard before charge.