PANAJI
The High Court of Bombay at Goa has held that an accused cannot be denied the right to be heard before charges are framed merely because they failed to file a discharge application within 60 days under the new criminal law.
In an order pronounced on Friday, Justice S G Chapalgaonkar set aside an order of the Additional Sessions Judge at Merces, which had denied a father and son the opportunity to present their arguments before charges were framed against them.
Uday Prabhu Desai, 62, and his son, Ugam Prabhu Desai, 23, both residents of Corgao in Pernem, have been booked for allegedly obstructing a panchayat member in the discharge of her duties, assault, sexual harassment and theft of a mobile phone. The offence was registered in May 2025.
In June, the Sessions Court held that since the accused had not filed a discharge application within 60 days of the case being committed to it, they could not be heard before charges were framed.
The High Court disagreed, observing that Section 250(1) of the BNSS gives an accused the liberty, and not an obligation, to seek discharge within 60 days.
“The filing or non-filing of application for discharge within period of 60 days would not affect petitioner’s right of audience before framing of charge,” the Bench held.
The court said the Sessions Judge remains duty-bound to examine the prosecution material and hear both sides before deciding whether charges should be framed.
The High Court further held that the accused’s right to participate in the hearing before the framing of charges cannot be curtailed simply because they did not file a discharge application within 60 days. It said the trial court is legally required to hear the accused and allow them to show why the prosecution material may not be sufficient to frame the proposed charges.
The court allowed the writ petition and set aside the Sessions Court order.
