SUPREME COURT DEPLORES PRACTISE OF FILING APPLICATIONS UNDER SECTION 216 CRPC FOR ALTERATION OF CHARGE AFTER REFUSAL OF DISCHARGE

The Supreme Court in the case K. Ravi v State Of Tamil nadu And Anr observed and has deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure, CrPC wherein seeking alteration of charge after their applications seeking discharge The bench comprising of Justice Bela M Trivedi and Justice Satish Chandra Sharma was hearing the present matter.

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The bench elaborated that the Section 216 of the Code of Criminal Procedure, CrPC does not give any right to the accused to file a fresh application seeking his discharge after the framing of charges and when a discharge application filed by accused has already been dismissed under Section 227 of Code of Criminal Procedure, CrPC.

The bench in the case highlighted that once these applications are filed, Trial Court have no option but to decide them. Following this, the same are challenged before the High Court and this leads to derailment of the whole criminal trial.

The court while terming such practice as 'highly deplorable' stated that it should be dealt with sternly by the courts.

The court stated that's section 216 of the Code of Criminal Procedure, CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge under Section 227 has already been dismissed.