Cr p.c 227
Querist :
Anonymous
(Querist) 21 August 2011
This query is : Resolved
My wife file the 498a false case against me & after that I don't want she lived with me. I have proof (recoding in the mob.) to she has file false case. Can I file the CR P.C 227 & how much its fever me.
ajay sethi
(Expert) 21 August 2011
what is the nature of proof that it is false case?
under section 22 7 of CrPc
the Judge concerned has to consider all the records of the case, the documents placed, hear the submission of the accused and the prosecution and if there is “not sufficient ground” (Emphasis supplied) for proceeding against the accused, he shall discharge the accused by recording reasons. If after such consideration and hearing, as mentioned in Section 227, if the Judge is of the opinion that “there is ground for presuming” (Emphasis supplied) that the accused has committed an offence, he is free to direct the accused to appear and try the offence in accordance with the procedure after framing charge in writing against the accused.
ajay sethi
(Expert) 21 August 2011
whether a prima facie case has been made out against the appellant. In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the said section has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the materials placed before the court disclose grave suspicion against the accused which has not been properly explained the court will be fully justified in framing a charge and proceeding with the trial; by and large if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully justified to discharge the accused, and in exercising jurisdiction under Section 227 of the Code of Criminal Procedure, the Judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court but should not make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial (see Union of India v. Prafulla Kumar Samal).
