Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2008

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.

Bharat Parikh vs C.B.I. And Anr · Niyam