Supreme Court of India · 2008-07-14
Bharat Parikh vs C.B.I. And Anr
- Citation / case number
- 2008 AIR SCW 4842
- Court
- Supreme Court of India
- Petitioner
- Bharat Parikh
- Respondent
- C.B.I. And Anr
- Author
- Altamas Kabir
- Bench
- Mukundakam Sharma, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed two legal propositions regarding the jurisdiction of a Magistrate to recall charges framed under the Code of Criminal Procedure, specifically Sections 207 and 238. It held that once charges are framed, the Magistrate lacks the authority to discharge the accused, as established in Ratilal Bhanji Mithani vs. State of Maharashtra (AIR 1979 SC 94) and State of Andhra Pradesh vs. Golconda Linga Swamy (AIR 2004 SC 3967). The Court affirmed the High Court's dismissal of the appellant's application for quashing the proceedings, emphasizing that the trial must proceed once charges are framed.