We are in agreement with the view that once charges have been framed by the Trial Court in exercise of the powers Under Section 228 Code of Criminal Procedure, the Accused cannot thereafter be discharged, be it through an exercise of the powers Under Sections 227 or 216 Code of Criminal Procedure. It is reiterated that the language of Section 216 Code of Criminal Procedure provides only for the addition and alteration of charge(s) and not for the deletion or discharge of an Accused. If the Legislature had intended to empower the Trial Court with the power to delete a charge at that stage, the same would have been expressly and unambiguously stated. Therefore, at such a stage of the trial, the Accused must necessarily either be convicted or acquitted of the charges that were so framed against him. No shortcuts must be allowed. {Para 154}
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 1319 of 2013 and 272 of 2014
Decided On: 17.04.2025
Directorate of Revenue Intelligence Vs. Raj Kumar Arora and Ors.
Hon'ble Judges/Coram:
J.B. Pardiwala and Manoj Misra, JJ.
Author: J.B. Pardiwala, J.
Citation: MANU/SC/0500/2025,2025 INSC 498.
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