Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Discharge of accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:s. 239 - Discharge of accused - Accused charged with offences punishable u/s 109 IPC and s. 13(2) r/IN s. 13 (1) (e) of Prevention of Corruption Act - Acquiring of properties disproportionate to known sources of income - Held: At the stage of consideration of an application for discharge, court has to proceed with an assumption that the materials brought on record by prosecution are true and to evaluate the said materials and documents with a view to find out whether the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence - At this stage, probative value of the materials has to be gone into and court is not expected to go deep into the matter and hold that materials would not warrant a conviction - In the instant case,. while passing the orders of discharge, court has not sifted the materials for the purpose of finding out whether or not there is sufficient ground for proceeding against accused, but whether that would warrant a conviction - Orders impugned suffer from grave error and, as such, are set aside.ss. 227, 239 and 245 - Discharge of accused - Explained.PREVENTION OF CORRUPTION ACT, 1988:s. 13(2) r/w 13(1) (e) - Allegations that State Ministers purchased properties in the names of their relatives - Income tax paid by persons in whose names properties were acquired - Held: While passing the order of discharge, the fact that accused other than two Ministers have been assessed to and paid income tax cannot be relied upon to discharge the accused persons particularly in view of the allegation made by prosecution that there was no separate income to amass such huge properties - Properly in the name of an income tax assessee itself cannot be a ground to hold that it actually belongs to such an assessee - Code of Criminal Procedure, 1973 - S. 239. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 11 |
Petitioner | State Of Tamilnadu By Ins.of Police Vigilance And Anti Corruption |
Respondent | N. Suresh Rajan & Ors. |
SCR | [2014] 1 S.C.R. 135 |
Judgement Date | 2014-01-06 |
Case Number | 22-23 |
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