TMI Blog2000 (1) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... tate of West Bengal) as this appeal can be disposed of even without the aid of such arguments. On the basis of a complaint lodged with the Police Station, Burra Bazar (Calcutta) an investigation was conducted by the police and the charge sheet was filed before the Metropolitan Magistrate, Calcutta, against appellants and some other persons for offences under Sections 454, 380 and 120B of the Indian penal Code, The Magistrate issued process to the accused and after hearing them a charge was framed against them for the said offences. While framing the charge the Magistrate had as per order dated 63.1999, dismissed the petition filed by the accused for dis-charging them. Appellants thereafter moved the High Court for quashing the charge. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order framing charges against the appellants. The Metropolitan Magistrate was thereupon directed to peruse the charge-sheet along with other papers submitted to him and satisfy himself again as to the existence of a prima fade case against the accused. The further directions given by the learned Single Judge reads thus : If he decides to frame charge upon such satisfaction based on perusal of the charge-sheet and other papers submitted therewith, the learned Magistrate must record the fact of such perusal and his satisfaction, only then he shall proceed to frame the charge. If on the other hand upon perusal of the aforesaid documents the learned Magistrate finds that the papers do not disclose my prima fade case against the petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. It is pertinent to note that this section required a Magistrate to record his reasons for discharging the accused but there is no such requirement if he forms the opinion that there is ground for presuming that the accused had committed the offence which he is competent to try. In such a situation he is only required to frame a charge in writing against the accused. Even in cases instituted otherwise than on polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther be slowed down. We are coming across interlocutory orders of Magistrates and Sessions Judges running into several pages. We can appreciate if such a detailed order has been passed for culminating the proceedings before them. But it is quite unnecessary to write detailed orders at other stages, such as issuing process, remanding the accused to custody, framing of charges, passing over to next stage in the trial. It is a salutary guideline that when orders rejecting or granting bail are passed, the Court should avoid expressing one way or other on contentious issues, except in cases such as those falling within Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In the present case as the Metropolitan Magistrate h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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