SUNIL RAMJI SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the counsel for the parties. Rule. Returnable forthwith. The Respondents waive Service.

(2.) THIS Writ Petition is filed challenging the order of the learned Metropolitan Magistrate, 21st Court, Bandra, Mumbai, dated 26th June 1996 framing charge in Criminal Case No.671/P/91.

(3.) ACCORDING to the learned advocate for the petitioners the learned Magistrate ought to ensure that the copies of the documents referred to under Section 173 of Cr.P.C. were served on the petitioners/accused and thereafter the petitioners are entitled to be heard for discharge. Since the petitioners were not served with the aforesaid copies no hearing for their discharge under Section 239 of the Cr.P.C. was possible and, therefore, the order framing of charge under Section 240 of Cr.P.C. is liable to be quashed as prejudice was caused to the rights of the petitioners/ accused to apply for discharge.