THE CR.P.C. PRESCRIBES THAT NO FINDING, SENTENCE OR ORDER BY A COURT OF COMPETENT JURISDICTION CAN BE HELD INVALID ON THE GROUND OF ANY ERROR, OMISSION OR IRREGULARITY IN FRAMING THE CHARGES: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 8 February, 2023 stating that the Cr.P.C. prescribes that no finding, sentence or order by a court of competent jurisdiction can be held invalid on the ground of any error, omission or irregularity in framing the charges. It was stated in the case of Garikapati Vinod Kumar Vinod vs The State Of A.P.(CRIMINAL APPEAL NO.533 of 2013)which was passed by the single judge bench comprising of HONOURABLE DR.JUSTICE G. RADHA RANI
FACTS OF THE CASE:
This Criminal Appeal is filed by the appellants – A1 to A5 aggrieved by the judgment of the Special Sessions Judge for Trial of Cases.The charge-sheet filed by the Additional Superintendent of Police, Bhadrachalam sub-division was that, the de-facto complainant belonged to Koya (ST caste) and the accused A1 to A3 belonged to Kamma, which comes under non SC & ST caste. The complainant and accused Nos.1 to 3 were residing in the same locality and their houses were situated opposite to each other. There were previous grudges between the complainant and the accused over the issue of dumping dung and waste material in front of the house of the complainant. The accused Nos.1 to 3 intentionally used to dump dung and waste material in the open place available in front of the complainant’s house and they also used to insult her by calling her with caste name, when ever she questioned their acts.
JUDGEMENT OF THE CASE
It was considered fit to remand the matter to the trial court to frame the charges properly and to conduct a fresh trial upon the charges so framed.. Hence, this Court does not intend to discuss the merits of the matter and considers it fit to remand the matter to the trial court for framing the charges in accordance with the facts of the case and to conduct a fresh trial upon the charges framed. In the result, the Criminal Appeal is allowed and remanded to the trial court for framing of charges afresh and to conduct a fresh trial upon the charges framed within a period of 6 months from the date of receipt of a copy of this judgment.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.