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TMI Blog2008 (7) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... a Magistrate has the jurisdiction in law to recall such order on the ground that the prosecution had failed to comply with the provisions of Section 207 of the Code of Criminal Procedure. An ancillary question will also arise as to whether such failure would render the framing of charge void. 3. The second proposition raises a question as to whether in exercise of its inherent powers, the High Court could quash the charges framed and acquit the accused on account of such non- compliance with the provisions of Sections 207 and 238 of the aforesaid Code. 4. The appellant herein is the original accused No. 5 in a special case pending before the learned Special Judge, Mumbai in which charge was framed against him and the other accused person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... once a charge is framed in a warrant case instituted either on complaint or a police report, the Magistrate has no power under the Code to discharge the accused. He can, thereafter, either acquit or convict the accused. 6. The learned Special Judge also relied another decision of this Court in State of Andhra Pradesh v. Golconda Linga Swamy and Anr. 2004CriLJ3845 , where similar views have been expressed. 7. Aggrieved by the said order of the learned Special Judge, the appellant filed an application under Section 482 of the aforesaid Code before the Bombay High Court for quashing the proceedings of the Special case pending before the learned Special Judge, Mumbai and also for quashing the order dated 1st April, 2006, whereby the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the entire proceedings were vitiated on such score as well. It was urged that the High Court had erred in not exercising its inherent power under Section 482 of the Code to quash the entire proceedings, including framing of charge. 11. In support of his aforesaid submission, Mr. Desai referred to the decision of a seven-Judge Bench of this Court in P. Ramachandra Rao v. State of Karnataka 2002CriLJ2547 , wherein the question of speedy trial had been considered and having regard to the views expressed in Abdul Rehman Antulay's case 1992CriLJ2717 , it was held that if the delay in concluding a trial was oppressive or unwarranted, it would violate Article 21 of the Constitution and such trial or such proceedings would be liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 21 of the Constitution and the Universal Declaration of Human Rights adopted by the United Nations on 10th December, 1948. 14. Appearing for the Central Bureau of Investigation (hereinafter referred to as `CBI'), learned Additional Solicitor General, Mr. Mohan Parasaran, submitted that a similar application (Criminal Application No. 1129 of 1997) made by the appellant had been dismissed on 2nd November, 1998, as none of the parties were represented at the time of hearing of the application. He also submitted that having regard to the decision in Debendra Nath Pathi's case(supra) and also in Ratilal Bhanji Mithani's case (supra), the earlier ambiguity had been removed and it had been clearly laid down that not only could the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials produced on behalf of or at the instance of the accused for the purpose of invoking its powers under Section 482 of the Code for quashing the charges framed, it has to be kept in mind that after the stage of framing charge evidence has to be led on behalf of the prosecution to prove the charge if an accused pleads not guilty to the charge and/or charges and claims to be tried. It is only in the exceptional circumstances enumerated in State of Haryana v. Bhajan Lal 1992CriLJ527 , that a criminal proceeding may be quashed to secure the ends of justice, but such a stage will come only after evidence is led, particularly when the prosecution had produced sufficient material for charges to be framed. As observed in Debendra Nath Padhi& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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