VidhiSangh

Supreme Court of India · 29/08/2024

K. RAVI versus STATE OF TAMIL NADU & ANR.

[2024] 8 S.C.R. 700 · 2024 INSC 642

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Summary

The Supreme Court set aside a High Court revisional order that had effectively discharged an accused in a murder case on his challenge to the dismissal of a Section 216 CrPC application. An order refusing to alter a charge is interlocutory, so revision was barred by Section 397(2); and Section 216 gives an accused no right to seek discharge afresh once his Section 227 discharge plea has failed.

Issues

  1. Whether a revision under Section 397 CrPC lies against a Sessions Court order dismissing an application for modification of charge under Section 216 CrPC.
  2. Whether an accused whose discharge application under Section 227 CrPC has been finally rejected can seek, in effect, discharge again through an application under Section 216 CrPC.
  3. Whether the High Court rightly set aside the charge framed against the second respondent.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and the Sessions Court order restored; costs of Rs. 50,000 payable by the second respondent to the appellant within two weeks, to be deposited first in the Supreme Court registry; trial to proceed expeditiously, and non-cooperation by any accused to entail cancellation of bail.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 700.