UNNIKRISHNAN @ ANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed challenging order dated 27.05.2011 in S.C. No. 373 of 2011 of learned Sessions Judge, Kottayam framing charge against Petitioner under Sections 120B, 447, 341, 302 and 201 read with Section 34 of the Indian Penal Code.

(2.) It is pointed out by learned Public Prosecutor that the petition itself is not maintainable since a party seeking discharge has to file a revision against the order framing charge.

(3.) Challenge to the order framing charge in this case if accepted, would terminate the proceeding in favour of Petitioner. If that be so, the order framing charge is a final order revisable under Sections 397(1) and 401 of the Code of Criminal procedure (for short, "the Code"). If, on the other hand even if the challenge is accepted, proceeding would not terminate in favour of Petitioner but he will be charged for a different offence it cannot be said that the order framing charge is a final order so that it is revisable (See Prabhakaran v. Excise C.I., 1992 2 KerLT 860. In such case remedy is to challenge the order under Section 482 of the Code. In this case the contention is that charge ought not have been framed against Petitioner. If that contention is accepted Petitioner is to be discharged. Hence in my view the order is revisable under Section 397(1) and 401 of the Code.