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Journalism of Courage
NEW DELHI, JANUARY 5: The Supreme Court on Wednesday held that a trial court was not required to write an order giving reasons for framing charges against an accused in a criminal case.
“The magistrate is required to write an order giving the reasons only if he is to discharge the accused,” observed a division bench comprising Justice K T Thomas and Justice D P Mohapatra, while dismissing an appeal.
The appeal was filed by Kanti Bhadra Shah, questioning a West Bengal trial court decision framing charges against him without giving reasons.
The Calcutta High Court had quashed the charges framed against him but directed the trial court to consider the evidence afresh to decide whether or not to frame charges.
Justice Thomas said Section 242 of the criminal procedure court requires a magistrate to record his reasons for discharging an accused, but there was no such requirement if he formed the opinion that there was ground for preassuming that the accused had committed the offence which he was competent to try.
