NISHANT
Consideration of record for discharge purpose is one thing and consideration of record while deciding appeal by Appellate Court is another thing - Code of Criminal Code, 1973 - Section 227
NISHANT MEHROTRA 2 Sep 2019

Consideration of record for discharge purpose is one thing and consideration of record while deciding appeal by Appellate Court is another thing - Code of Criminal Code, 1973 - Section 227

SC :: Consideration of record for discharge purpose is one thing and consideration of record while deciding appeal by Appellate Court is another thing - Code of Criminal Code, 1973 - Section 227 - Prevention of Corruption Act, 1988 - Section 7 read with Section 13(1) (d).


Discharge of accused - Consideration of record for discharge purpose is one thing and consideration of record while deciding appeal by Appellate Court is another thing- while considering case of discharge sought immediately after charge-sheet is filed, Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in statements of witness as was done by High Court in impugned order - It is not legally permissible - There is no prime facie case made out for discharge of respondents at this stage of trial -They have to stand for trial on merits in light of the documents and cannot of charge-sheet filed pursuant to order of court - Impugned order set aside - As a consequence, applications filed by respondents under Section 227 of Cr. P. C dismissed - Special Court (CJM) directed to proceed with trial.(Paras 16, 18, 19 & 20) Case: State Represented By The Deputy Superintendent of Police Vigilance And Anti Corruption,Tamil Nadu Vs. J.Doraiswamy Etc

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