Case Law Details
Thomas Cherian Vs CBI Thiruvananthapuram Unit (Kerala High Court)
Facts- The case relates to loan transactions conducted in the State Bank of Travancore, Main Branch, Kottayam. The substance of the allegations against the accused is that loan was sanctioned on the basis of fictitious and forged documents, pursuant to a conspiracy hatched by the bank officials, who are public servants, with the persons who availed of the loans.
The main issue involved is without even filing any application for discharge at the appropriate stage, the petitioners is now challenging the charge framed against them by the trial court, by filing an application under Section 482 of the Code, that too, purely on factual grounds.
Conclusion- In the instant case, since the petitioners had not filed any application for discharge, the trial court had no occasion to state the reasons for framing the charge against them.
In the above circumstances, I am inclined to accept the prayer made by the learned counsel for the petitioners to grant the petitioners an opportunity to file application for discharge before the trial court. Granting such an opportunity can be done only after setting aside the charge already framed against them by the trial court.
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