R. Mohan v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CRR/37/2024 R. Mohan ...Petitioner/Accused Person Vs.
The State ... Respondent/Complainant Mr. Rakesh Pal Gobind ... for the Petitioner Ms. A.S. Zinu ...for the Respondent June 19, 2024 [M.A.Mobin] Item No.1 The present application has been preferred challenging the impugned order dated 14.11.2023 passed by the learned Sessions Judge at Port Blair in respect of the present petitioner viz. R. Mohan by which the Court below rejected the prayer for discharge under Section 227 of the Code of Criminal Procedure, filed by the present petitioner along with other co-accused persons. It is submitted that by an order dated 22nd January, 2024 this Court while disposing CRR 27 of 2023 was pleased to set aside the order dated 14.11.2023 in respect of one of the co-accused A. Selvam in connection with his discharge application and thereby remanded the matter before the Court below for rehearing of the application under section 227 of the Code and to consider the documents and to come to a fresh finding independently, without being influenced by any observation made by this Court.
Mr. Rakesh Pal Gobind, learned Counsel appearing on behalf of the petitioner also referred order passed in CRR 13 of 2024, CRR 16 of 2024, CRR 20 of 2024, CRR 32 of 2024 and CRR 34 of 2024 wherein this Court again after setting aside the aforesaid order dated 14.11.2023 passed in connection with concerned co-accused persons, have already remanded the matter before the Trial Court for hearing afresh their application for discharge under Section 227 of Cr.P.C.
It is submitted that the present petitioner Mr. R. Mohan is almost on the same footing and as such he may also be given an opportunity to ventilate his grievances before the Court below while the Court below will take up the other co-accused persons' application under Section 227 of the Code of Criminal Procedure, afresh.
Ms. A.S. Zinu, learned Counsel appearing on behalf of the Respondent admits that the present petitioner R. Mohan is almost on the same footing with the other accused persons who have already obtained an order from this Court as aforesaid, except accused A. Selvam (in connection with CRR No.27 of 2023), who according to prosecution case is on a different footing. Having considered the facts and circumstances of the case, when admittedly present petitioner is almost on the same footing in connection with the other co-accused persons in CRR 13 of 2024, CRR 16 of 2024, CRR 20 of 2024, CRR 32 of 2024 and CRR 34 of 2024, I am of the view that in order to avoid conflict of judicial decision and also in order to sub serve the ends of justice, the present matter should also be remanded before the Court below
after setting aside the order dated 14.11.2023 passed in connection with the present petitioner R. Mohan with a direction to hear his application under Section 227 Cr.P.C. afresh. In such view of the matter CRR 37 of 2024 is hereby disposed of with a direction upon the Court below to hear the present petitioner's application filed under Section 227 of the Code of Criminal Procedure afresh after considering the materials available before the Court and after giving opportunity to both the parties herein to contest.
The order dated 14.11.2023 in connection with the present petitioner R. Mohan is accordingly set aside. While disposing the aforesaid application afresh, the Court below will not be influenced by any observation made herein. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. [Ajoy Kumar Mukherjee, J.]