The petitioners herein are the three accused in S.C No.398/2013 before the 5th Additional Session Court, Kollam.
The learned trial judge framed charge against the accused on 7.11.2014. The grievance of the petitioners is that they in fact did not get opportunity to plead for discharge under Section 227 of the Code of Criminal Procedure, and without hearing them effectively the learned trial judge, in haste, framed charge. They accordingly, seek orders under Section 482 of the Code of Criminal Procedure, directing the court below to grant them opportunity to apply for discharge under Section 227of the Code of Criminal Procedure. This request cannot be now considered in a proceeding brought under Section 482 of the Code of Criminal Procedure. Once charge is framed by the trial court, the accused will have to challenge the said charge in appropriate proceeding. If their grievance is true and genuine, that they were not given effective opportunity to argue on charge or to apply for discharge, or that the learned trial judge proceeded to Crl.M.C No.6558 of 2014 2 frame charge without in any manner hearing the accused, that will be considered in appropriate proceeding when the charge itself is challenged. Once charge is framed by the trial court, and when remedies are available otherwise, the charge cannot be set aside by this Court under Section 482 of the Code of Criminal Procedure.
With these observations this Criminal Miscellaneous Case is closed.
P.UBAID JUDGE ab