LITTY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in Sessions Case No.390 of 2022 on the file of Fast Track Special Court, Pathanamthitta, is invoking the inherent jurisdiction of this Court under Sec. 482 of Cr.P.C., for quashing Annexure-A5 charge framed against the petitioner.

(2.) The grievance pointed out by the petitioner is that though the trial court heard the petitioner under Sec. 227 of Cr.P.C., charge was framed without forming an opinion as to the ground for presuming that he has committed the offences alleged, or a finding to the effect that no sufficient grounds were there for a discharge.

(3.) The petitioner is relying on Annexure-A3 proceeding sheet in S.C.No.390 of 2022 to say that the case was posted for hearing under Sec. 227 of Cr.P.C. on several occasions. On 17/4/2023, the case was posted for hearing under Sec. 227 of Cr.P.C., on which day, the defence prayed for hearing and it was posted as last chance to 24/4/2023. On 24/4/2023, Sec. 227 hearing was over, and the case was posted for recording plea to 18/5/2023. On 18/5/2023, the Judge was on leave and the case was adjourned by notification to 9/6/2023. On 9/6/2023, charge was framed against accused Nos.1 and 2 and they pleaded not guilty, and then the case was adjourned for evidence to 5/7/2023. Though the petitioner was heard under Sec. 227 of Cr.P.C., the learned Judge has not stated that there was no sufficient ground for a discharge, and when it proceeded for framing charge, the learned Judge failed to form an opinion as to whether there is ground for presuming that the accused has committed the offence alleged so as to frame the charge.