NISHANT
Function of the Judge under S.227 CrPC explained.
NISHANT MEHROTRA 17 Jan 2018

Function of the Judge under S.227 CrPC explained.

SC :: Function of the Judge under S.227 CrPC explained.


Held, he cannot act merely as  a post offoce or mouthpiece of the prosecution - He has to sift and weigh the evidence for the limited purpose of finding out whether a  prima facie case has been made out - Where two views are equally possible and evidence gives rise to some suspicion but not grave suspicion, he can discharge the accused - On facts held, prosecution  failed to throw any suspicion, much less a grave suspicion, against the accused - Hence, there was no prima facie case - Therefore, criminal proceedings against him under Ss.161/477-A IPC and Ss.5(2) & (1) (d) of Prevention of Corruption Act, 1947 , set aside - CrPC, 1973, S. 227.


Case:

Dilawar Balu Kurane Vs. State of Maharashtra.

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