PRADEEP KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition under Section 482, Cr.P.C. has been filed by one Pradeep Kumar Pradhan seeking to challenge the order of framing charge dated 18.04.2007 and the order dated 23.7.2007 passed by the learned S.D.J.M., Bonai in G.R. Case No.168 of 2005 rejecting the petition filed under Section 239, Cr.P.C. seeking discharge.

(2.) MR . A. R. Dash, learned counsel for the petitioner asserts that on the date when the charge was framed, i.e. on 18.4.2007, a petition under Section 239, Cr.P.C. has been filed seeking discharge by the accused petitioner (copy of which is appended to this petition as Annexure -2). He further asserts that even though such petition was filed and kept pending for consideration, the same was not heard and disposed of on 18.4.2007, (i.e. on the date of framing of charge) but instead the learned S.D.J.M. took up the petition for consideration on 23.7.2007 and in the said order, it is observed as follows:

(3.) MR . Dash, learned counsel appearing for the accused -petitioner, on the other hand, submits that as would be evident from Sections 238, 239 and 240, Cr.P.C. once the accused files a petition for discharge, it is incumbent upon the trial Court to consider the same and only after rejection of the same, the Court could proceed to frame charge under Section 240, Cr.P.C.