IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO.288 OF 2026
(Decided on 21.08.2026)
(Coram: S. G. CHAPALGAONKAR, J.)
Mr. Uday Prabhu Desal and Anr. … Petitioner
Versus
Mr. Ugam Prabhu Desai … Respondent
Sections 249 to 251 of BNSS, 2023 – 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.
Held
The Court finds that only because petitioners failed to file discharge application within period of 60 days in terms of Sub-clause (1) of Section 250 of BNSS, 2023, petitioners’ right to participate in hearing before framing charge cannot be curtailed in any manner. The Trial Court is under statutory obligation to hear accused and permit them to demonstrate that material relied by prosecution is not sufficient to frame charge against them as proposed by prosecution or ingredients of such charges cannot be made out from material tendered in service along with charge-sheet. (para 8 to 10)
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