State of Orissa V. Debendra Nath Padhi (2005) 1 Scc 568, it is the famous case when the court delivered the judgment about Consideration of Material Place by Accused. Point for Consideration in Consideration of Material Place by accused:- Can the trial court at the time of framing of charge consider material filed by the accused?
Satish Mehta’s Case In the Case of Satish Mehta v. Delhi Administration & Anr. (1996) 9 SCC 766, Two Judges bench of Supreme Court held that ‘If accuse succeeds in producing any reliable material at the stage of framing of charges then that material should be Considered By the Court. The object is to provide the opportunity to the accused of making submissions envisaged under Section 227 of Cr.PC is to enable the court to decide Whether it is necessary to proceed to Conduct the Trial.
Section 227 of Cr.PC (Discharge) If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution on this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
‘Record of the Case’ The record of the case means when it appears to the Magistrate that Offence is triable exclusively by the court of sessions then the magistrate sends the records of the case and relevant documents to the court of sessions envisaged under section 209 of Cr.PC and Court explained that “It is evident that the record of the case and documents submitted therewith as Postulated in Section 227 relate to the case and documents referred in section 209”.
‘Hearing the Submissions of the accuse’ The expression “hearing the submissions of the accuse’ Cannot mean the opportunity to file material to be granted to the Accuse and thereby changing the settled law. At the stage of framing of charge hearing, the submissions of the accused have to be confined to the material produced by the police.
Held:- The Court held that the law is that at the time of framing charge or cognizance the accused has no right to produce any Material.
