S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC

The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it.Justice Purushaindra Kumar Kaurav added that the Judge should not make a roving inquiry into. The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it. Justice Purushaindra Kumar Kaurav added that the Judge should not make a roving inquiry into the pros and cons of the matter or weigh the evidence as if he was conducting a trial. It added "In exercise of jurisdiction under Section 227 of Cr.P.C., the judge cannot act merely as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court and should not make a roving inquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial."