A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

The court made this observation while disposing off a revision petition filed under section 397, read along with section 401 of CrPC wherein the Petitioner had challenged the order of the Additional Sessions Judge on framing of the charges against him.

The Petitioner had submitted that the order passed by the trial court is a non-speaking order. It was contended that no reason has been assigned as to on what basis the trial court reached the conclusion that a prima facie case has been made out against the Petitioner.

While rejecting the claim of the Petitioner, The Single Bench of Justice Manoj Kumar Ohri held that there is no requirement in terms of Section 228 CrPC to record detailed and lengthy order if in the opinion of the trial court there is prima facie ground for proceeding against the accused.

The court also highlighted that even though no reasons are required to be given yet there must be some indication of application of mind by the trial court