stage of framing of charge under Section 228 or while considering discharge petition filed under Section 227 , it is not for the Magistrate ... Sections 227 and 228 of the Code. Section 227 is the expression of a definite opinion and judgment of the Court while Section
application for discharge filed by
the appellant at the stage of discharge. It is submitted that the stage of
discharge under Section 227 ... that the present proceedings arise from the discharge
proceedings and that the stage of discharge under Section 227 Cr.P.C.
precedes the stage
section 228 and its corresponding provision of section 240 is identical, the corresponding provision of sections 227 and 239 are not. Section 227 talks ... right of discharge under Section 239 is if the charge appears to be groundless. On the other hand, there is right to discharge
Johari - ........63
Other citations on the
subject of discharge of accused u/s 227 of the Code: 64
1)AIR
1980 SC 52 : Supdt ... that at present we are
concern with an application for discharge under Section 227 of Code,
where entire evidence should not be churn
commission of
offences under Sections 302 , 343 , 217 , 218 , 330 , 120B
and 34 , IPC. It is seeking discharge under Section 227 ... ingredients to attract Section 120B , IPC. Section 227 ,
Cr.PC, reads thus:
“227. Discharge.—If, upon consideration of the
record of the case
grounds taken in discharge application are not tenable and this application deserves to be rejected.
Order
Discharge application 7B Under Section 227 ... will be one under Section 228 and not under Section 227."
11. Subsequently, the ambit and scope of Section 227
purpose of killing the deceased."
B.- Powers of discharge under Section 227 Cr.P.C.
( i) Kanchan Kumar v. State of Bihar ... Section 227 relate to the case and the documents referred in Section 209. That is the plain meaning of Section 227 read with Section
Case under Section 482 / 378 / 407 No.2653 of 2018, the present Revisionists had filed Discharge Application under Section 227 of CrPC bearing ... Recording reasons for discharge
For better understanding Section 227 of CrPC is reproduced hereinbelow:
227. Discharge. If, upon consideration of the record of the case
sessions triable cases under section 227, in
warrant cases under section 239 and in complaint case
under section 245 of the Code has held that ... power under section 482
of the Code for quashing the order passed under section 227 of the
Code refusing to discharge or for quashing
These words provide an inter-connection
between Sections 227 and 228. That being so, while
Section 227 provides for recording the reasons for
discharging ... power under section
482 of the Code for quashing the order passed under section 227
of the Code refusing to discharge or for quashing
