HIMANSHU SINGH RAJAWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocate appearing for the applicants/accused Nos.8 and 9, who are reported to be Police Sub-Inspectors of Rajasthan Police Force. By this revision petition, these two accused persons are challenging the Order dated 31/07/2017 passed by the learned Additional Session Judge, Sessions Court, Greater Mumbai thereby rejecting their application (Exhibit 1059) for discharge from the Sessions Case commonly known as 'fake encounter case' in respect of Soharabuddin Shaikh, his wife Kauserbi and Tulshiram Prajapati.

(2.) From submission of the learned Advocate appearing for these revision petitioners, it is crystal clear that after rejection of discharge application (Exhibit 1059) filed by both these revision petitioners/accused Nos.8 and 9, the learned trial Court has framed charge against them and as of now 125 prosecution witnesses are already examined by the learned trial Court. Undisputedly, all these prosecution witnesses are cross-examined by the learned Advocate appearing for both these petitioners in that trial.

(3.) Though the learned Advocate appearing for the petitioners submitted that he is pressing the revision petition by resorting the provisions of Section 197 of the Criminal Procedure Code, I am not inclined to enter into that controversy. It is well settled that revisional jurisdiction is required to be exercised sparingly and that too in exceptional cases, when there is some glaring defect of the procedure or there is a manifest error on a point of law which has consequently resulted in a flagrant miscarriage of justice. In the case in hand, the charge has already been framed and explained to the revision petitioners/accused persons. Prosecution witnesses, 125 in number are already examined by the prosecution and they are cross-examined by the revision petitioners/accused persons. Procedure for trial of sessions triable case is prescribed in Chapter XVIII of the Criminal Procedure Code. Section 226 of the Criminal Procedure Code deals with opening of the prosecution case by the Prosecutor. Section 227 of the Criminal Procedure Code deals with discharge of the accused and it reads thus :