Framing of Charge -- Discharge Not Considered Before Charge -- Consideration of discharge under Section 227 CrPC is mandatory precondition
(i) Code of Criminal Procedure, 1973, S.227 -- Framing of Charge -- Discharge Not Considered Before Charge -- Consideration of discharge is an indispensable prerequisite before proceeding to frame charges -- Requirement applies whether raised on an application of the accused or on the court’s own motion -- Trial court cannot bypass this requirement merely because an earlier remand order directed framing of charges afresh. (ii) Code of Criminal Procedure, 1973, S.91 -- Production of Documents -- Application on Remand After Charges Quashed -- Summoning and production of documents is left to the discretion of the trial court and is not confined to a particular stage -- Where earlier charges stand quashed and the trial reverts to the pre-charge stage, an application for production of documents rejected at the earlier stage must be re-adjudicated on its own merits.
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