Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | conspiracy Discharge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, 1973-Sections 227,239 and 245- Discharge-Accused allegedly entered into criminal conspiracy to import coal causing huge losses to the State-Import was made in-spite of strong objections by the bureaucracy, Central Government and other high officials-Special Judge discharged accused as material on record was found insufficient to frame a charge-High Court upheld order of discharge-On appeal, Held, it cannot be decided at this premature stage that accused was unaware of the serious implications, which were brought to her notice-Exercise at this stage should be confined to considering the police report and documents in order to ascertain whether the allegations are groundless or whether a rebuttable presumption of guilt can be raised-Order of discharge set aside and trial to continue-Penal Code, 1860-Section 120-B and section 409- Prevention of Corruption Act, 1988-Section 13(2). Evidence Act, 1872-Section 10-Relevancy of fact-Court should have material to believe participation of accused in conspiracy and only then whatever was said, done or written by the accused would be relevant-Relevant material to be considered to decide whether there is a reasonable ground to believe participation of accused in the conspiracy even at the stage of framing charges. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 308 |
Petitioner | State Of Tamil Nadu |
Respondent | J. Jayalalitha |
SCR | [2000] Supp. (1) S.C.R. 23 |
Judgement Date | 2000-05-09 |
Case Number | 452 |
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