ABDUL SATTAR LONE Vs. STATE OF J&K

JUDGEMENT

(1.) REGISTRATION of the case as Crime No.46/2005 P/S Crime Branch, on completion of investigation has culminated in presenting the charge sheet for commission of offences punishable under Section 409, 420, 467, 468, 471 RPC. Trial court vide order dated 26.11.2011, for the commission of same offences has framed the charge against the accused. Dissatisfied therewith, instant petition has been filed.

(2.) ACCORDING to learned counsel for the petitioner, he has not been heard before passing the order impugned. Further added that though in the order accused is shown present along with counsel but in fact he, being the counsel, has not appeared before the trial court, therefore, right of hearing, which is guaranteed in terms of Section 269 Cr. P. C, has been violated.

(3.) LEARNED counsel is correct in submitting that the purpose of giving proper hearing to the defence at the stage of framing or otherwise of the charge has an objective i.e. if there is possibility of discharge, accused in the name of trial shall not be put to trial. The scope and the position as has to be considered at the stage of charge is well settled. In this connection learned counsel relied on the judgments reported in 2001 Cr. L. J. 1987, 2002 Cr. L. J. 2851, 2011(I) S.L.J. 287, 1996(9) SCC 766, 2002 (2) SCC 135 & AIR 2006 SC 2065.