S. 263(1) & S. 269(1) BNSS | Court Cannot Prepare Format Of Charge & Merely Fill Details Of Case In Vacant Space: Kerala High Court

The Kerala High Court recently set aside an order of a Magistrate Court, which had framed the charges in printed format with the name and other details of the accused inserted in writing.

Justice P.V. Kunhikrishnan observed that the framing of charges ought to have been done in writing, in accordance with Sections 263(1) and 269(1) of the Bharatiya Nagarik Suraksha Sanhita/ Sections 240(1) and 246(1) of the Code of Criminal Procedure.

The Court perused the order of charges and noted that the Magistrate had used the printed form in the Cr.P.C. and added details in writing. It observed:

"It is true that a Form is prescribed in Cr. P.C. about the charge. But the same cannot be used as a printed format by the court. The court cannot prepare a format of charge and fill the details of each case in the vacant space of the format. I am of the considered opinion that this impugned order is to be set aside. In this case, before framing a fresh charge, the petitioner can be given an opportunity to file a fresh discharge petition." 

The petitioner was accused of the offences under Sections 420 and 34 of the IPC and Section 13 and 17 of the Kerala Money Lenders Act, 1958. The prosecution had alleged that he conducted a finance company without licence and collected cheques, stamp papers from the customers with an intention to collect exorbitant interest.

The co-accused in the case was already discharged and the High Court, in another proceeding, had given permission to the petitioner to file discharge petition in absentia. However, he could not since the charge had already been framed by then. Thus, he sought to set aside the order framing charges against him.

Thus, the Court set aside the impugned order and gave liberty to file a discharge petition in absentia. It also directed the Magistrate to consider the petition expeditiously without insisting on the petitioner's presence.

Case No: Crl.Rev.Pet. No. 265 of 2025

Case Title: Somasundaram v. State of Kerala

Citation: 2025 LiveLaw (Ker) 641

Counsel for the petitioner: S. Rajeev, V. Vinay, M.S. Aneer, Anilkumar C.R., Sarath K.P., K.S. Kiran Krishnan, Dipa V.

Counsel for the respondent: Seetha S, Hritwik C.S. - Sr. Public Prosecutors 

Click to Read/Download Judgment