Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 227, 228 – Discharge application – Requirement of prime facie case for framing of charges – FIR filed against appellant under ss. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, alleging that he possessed assets disproportionate to his known source of income – Charge-sheet filed against him indicated that he earned a total income of Rs. 3,01,561 and incurred an expenditure of Rs. 5,24,386 during the check period – Thus, charge was of having amassed Rs. 2,22,825, disproportionate to his known sources of income – Appellant filed discharge application before the Special Judge alleging that there were glaring errors in the calculation – Application was summarily dismissed – High Court dismissed the revision application while observing that the contention raised by the appellant needed proper verification attracting roving enquiry which could be permissible only during course of trial – On appeal, held: The threshold of scrutiny required to adjudicate a discharge application under s.227 is to consider the broad probabilities of the case and the total effect of the material on record, including examination of any infirmities appearing in the case – Expenditure amount of Rs. 5,24,386 as alleged in the charge-sheet is based on certain mistakes – Total expenditure was only Rs. 2,69,355 and not Rs. 5,24,386 – It was this expenditure of Rs. 2,69,355 which was contrasted with the income of Rs. 3,01,561 during the check period – This simple and necessary inquiry for a proper adjudication of an application for discharge clearly demonstrated that there was no prima facie case made out by the prosecution in the case – Moreover, considering the delay involved in the case, the continuation of prosecution would also be unjust. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2022 INSC 955 |
Petitioner | Kanchan Kumar |
Respondent | The State Of Bihar |
SCR | [2022] 16 S.C.R. 188 |
Judgement Date | 2022-09-14 |
Case Number | 1562 |
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