Section 227 in The Code of Criminal Procedure, 1973
227. Discharge.
- If, upon consideration of the record of the case and the documents submitted therewith
this stage, the
appellant filed application under Section 227 of Code of Criminal
Procedure, 1973(hereinafter being referred to as “ CrPC ”) seeking ... 227 and 228 of the Code, the following principles
emerge:
(i) The Judge while considering the question of
framing the charges under Section 227 CrPC
framing charge under Section 227 of the Code in sessions cases (which is akin to Section 239 CrPC pertaining to warrant cases ... aforesaid decision are as under :
"11. Section 227 of the Code of Criminal Procedure having bearing on the contentions urged for the parties, provides
filed Crl.M.P. 2439 of 2007 before the Special Judge seeking his discharge. The said petition after detailed hearing under Section 227 ... I.P.C. It is the said order which is assailed in this Revision filed by the 3rd accused.
7. Section 227
discharge. It is submitted that the stage of
discharge under Section 227 Cr.P.C. is a stage prior to charge ... from the discharge
proceedings and that the stage of discharge under Section 227 Cr.P.C.
precedes the stage of framing of charge under Section
both were
independent proceedings and to frame a charge under Section 227 of
Cr.P.C; there has to be material before the Court against ... discharge is not made out.
25. Section 227 of the Code of Criminal Procedure, 1973 (` Cr.P.C )
relates to the provision for discharge. Applications
Code of Criminal Procedure, 1973 (for short, ‘the
Cr.PC ’) against dismissal of an application for discharge
by the appellant herein under Section 227 ... Page 10 of 31
Criminal Appeal No. 2395 of 2023
ingredients to attract Section 120B , IPC. Section 227 ,
Cr.PC, reads thus:
“227. Discharge
doing so."
25
2026:JHHC:13565
60. Section 227 of Code of Criminal Procedure (' CrPC ' for brevity)
contemplates discharge ... proceeding against the accused. Section 250(2)
BNSS corresponds to section 227 CrPC. Section 250(1) BNSS stipulates
a time limit
doing so."
25
2026:JHHC:13565
60. Section 227 of Code of Criminal Procedure (' CrPC ' for brevity)
contemplates discharge ... proceeding against the accused. Section 250(2)
BNSS corresponds to section 227 CrPC. Section 250(1) BNSS stipulates
a time limit
doing so."
19
2026:JHHC:15244
36. Section 227 of Code of Criminal Procedure (' CrPC ' for brevity)
contemplates discharge ... 227 and 228 of the Code, the following principles emerge: (i) The
Judge while considering the question of framing the charges under
Section 227 CrPC