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Judgment
M.L. Tahaliyani, J.—Heard. Admit.
Heard finally by consent of the parties.
It is seen from the xerox true copy of Roznama produced before me that the procedure laid down in the Code of Criminal Procedure for trial of sessions cases was not scrupulously followed by the learned Sessions Court. Section 226 of the Code of Criminal Procedure enjoins upon the Sessions Court to ask the learned prosecutor to open case for the prosecution. Section 226 of the Code of Criminal Procedure runs as under:
Opening case for prosecution:
When the accused appears or is brought before the Court in pursuance of a commitment of the case u/s 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
Stage to frame a charge comes after the Court comes to a conclusion that there was no case for discharge. The charge is to be framed if upon consideration of record and hearing, as stated in Section 227 of the Code of Criminal Procedure, the Judge is of the opinion that there are grounds for presuming that the accused has committed an offence which is exclusively triable by the Sessions Court.
Roznama of trial Court dated 30th January, 2013 and 11.02.2013 reads as under:
It is thus, clear from the roznama that the procedure laid down u/s 226 to 228 has not been scrupulously followed. In the circumstances, I am inclined to allow the application. Hence, I pass the following order.
i) Charge Exh. 200 is quashed and set aside.
ii) Learned trial Court is directed to follow the procedure laid down in the Code of Criminal Procedure, as stated herein above and proceed further in accordance with law.
iii) The application stands disposed of accordingly.
iv) Steno copy of this order be furnished to the parties as per rules. The trial Court to act upon the steno copy.