The Kerala High Court recently addressed the issue of framing charges in printed formats, emphasizing the necessity for courts to adhere strictly to statutory provisions. Justice P.V. Kunhikrishnan set aside a Magistrate Court's order that had framed charges using a printed format, with the accused's details inserted in writing. The court observed that such a practice contravenes Sections 263(1) and 269(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which correspond to Sections 240(1) and 246(1) of the Code of Criminal Procedure (Cr.P.C.). These provisions mandate that charges must be framed in writing, ensuring clarity and adherence to legal standards.
In the case at hand, the petitioner was accused under Sections 420 and 34 of the Indian Penal Code, as well as Sections 13 and 17 of the Kerala Money Lenders Act, 1958. The prosecution alleged that the petitioner operated a finance company without a license and collected cheques and stamp papers from customers with the intent to charge exorbitant interest rates. Notably, a co-accused had already been discharged, and the High Court had previously permitted the petitioner to file a discharge petition in absentia. However, the charge was framed before the petitioner could file the petition.
The High Court's decision underscores the importance of adhering to prescribed legal procedures in framing charges. By setting aside the Magistrate Court's order, the High Court reaffirmed the necessity for charges to be framed in writing, as stipulated by the relevant provisions of the BNSS and Cr.P.C. This ruling serves as a reminder to lower courts to ensure compliance with statutory requirements, thereby upholding the integrity of the judicial process.
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