Kishan Seva Sahkari Samithi Ltd. v. Bachan Singh
Once charges are framed, a Sessions Judge cannot drop proceedings—the trial must run its course under CrPC.
kishan-seva-sahkari-samithi-ltd-v-bachan-singh
The High Court said the Special Judge was wrong to drop proceedings after charges were already framed. Under Sections 228 & 240 CrPC, once charge is set, the court must continue the trial and finish it—by acquittal or conviction.
The order was a manifest error of law. The matter was sent back so the trial could go on as per law.
- Did the Special Judge’s order suffer from a manifest error of law?
- Did the Special Judge have jurisdiction to drop the proceedings after framing charge?
- Section 228 CrPC (Sessions trials) and Section 240 CrPC (Warrant cases) imply a clear path: once charge is framed, the court must try the case to its end.
- There is no power to drop proceedings simply because evidence was not led on time.
Accused’s Status Bachan Singh faced trial and remained out of service for about four years.
Multiple Dates Several dates were fixed, but the prosecution led no evidence.
Special Judge’s Order Considering non-availability of evidence and applications/affidavits of witnesses, the Special Judge dropped proceedings.
Revisions The State and the Samithi filed separate revisions challenging the order, arguing the court had no jurisdiction to do so after framing charge.
High Court Held the order illegal and sent the record back to proceed with trial according to law.
State & Samithi (Revisionists)
- After framing charge, the court cannot drop proceedings.
- CrPC compels the court to conduct the trial to a final judgment.
Respondent (Accused)
- Prosecution failed to lead evidence for years.
- Dropping proceedings was justified to prevent further prejudice and delay.
- The Special Judge’s order was a manifest error of law.
- Under Sections 228 & 240 CrPC, once charge is framed, the court must acquit or convict—not drop the case.
- Record sent back to the trial court to proceed in accordance with law.
No dropping after charge. Once charge is framed, the trial court’s task is to complete the trial. Administrative difficulties or witness issues do not create a power to terminate proceedings mid-way.
- Protects the structure of criminal trials and prevents ad hoc termination.
- Guides courts to use proper procedural tools (summons, coercive steps), not illegal shortcuts.
- Strengthens predictability in criminal procedure.
- After charge → trial must continue.
- No jurisdiction to drop proceedings mid-trial.
- Use CrPC mechanisms to manage witness/evidence issues.
- Dropping = manifest error post-charge.
- Remedy: set aside and remand for trial.
- Upholds rule of law in criminal process.
- Charge framed? Power to drop ends.
- Advance the case using lawful tools to secure evidence.
- To Judgment—end with acquittal or conviction.
Issue
Could the Special Judge drop proceedings after framing charge?
Rule
Sections 228 & 240 CrPC require the court to complete the trial once charge is framed.
Application
Non-availability of evidence and witness affidavits did not create a power to terminate the case.
Conclusion
Order dropping proceedings was illegal; case remanded to proceed per law.
- Charge
- The formal accusation stating offences to be tried.
- Jurisdiction
- The legal power of a court to make decisions.
- Revision
- Supervisory power of a higher court to correct lower court errors.
State of M.P. v. Shyamsunder Trivedi
Trial dutiesCourts must conduct fair trials and avoid shortcuts that derail due process.
Common Cause v. Union of India
Procedure focusReiterates adherence to statutory procedure over administrative convenience.
Abdul Rehman Antulay v. R.S. Nayak
Right to speedy trialAddresses delay concerns without authorizing illegal termination of trials.
- CASE_TITLE
- Kishan Seva Sahkari Samithi Ltd. v. Bachan Singh
- PRIMARY_KEYWORDS
- Section 228 CrPC, Section 240 CrPC, drop proceedings
- SECONDARY_KEYWORDS
- manifest error, jurisdiction, revision, trial continuation
- PUBLISH_DATE
- 2025-11-02
- AUTHOR_NAME
- Gulzar Hashmi
- LOCATION
- India
- SLUG
- kishan-seva-sahkari-samithi-ltd-v-bachan-singh
- CITATION
- (1993) Cri LJ 2540 (All)
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