For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
3 weeks, 2 days ago

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and related appeal documents, which were not part of the charge sheet. Finding the High Court's direction unsustainable in law, the Court held that only documents included in the charge sheet can be considered at the stage of discharge. Since, the decree of nullity and related appeal documents were distant from the charge sheet, thus, the High Court's direction to consider the extraneous documents during charge framing was deemed legally erroneous. “To say the least, the High Court has committed a gross error by directing the Trial Court to consider the decree of nullity and appeal preferred by the second respondent at the time of framing of charge…Contrary to law laid down by this Court, the High Court has directed the Trial Court to consider the documents which are not part of the charge-sheet at the time of framing of charge.

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History of this topic

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
1 week, 5 days ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
3 months, 3 weeks ago

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge

Live Law  

In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh …

Allahabad HC relief to SP MLA in 2021 criminal case
4 months, 1 week ago

Allahabad HC relief to SP MLA in 2021 criminal case

Hindustan Times  

The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after …

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
4 months, 3 weeks ago

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

Live Law  

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC. The Court laid down the …

Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court
8 months ago

Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court

Live Law  

The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in the form of cryptic and non-speaking stature would …

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case
1 year, 1 month ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law  

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

Bombay High Court Quashes Order Against Raj Thackarey, Asks Sessions Court To Decide Discharge Afresh In 2008 Agitation Case
1 year, 9 months ago

Bombay High Court Quashes Order Against Raj Thackarey, Asks Sessions Court To Decide Discharge Afresh In 2008 Agitation Case

Live Law  

The Bombay High Court on Thursday quashed an order passed against Maharashtra Navnirman Sena president Raj Thackeray refusing to discharge him from a 2008 “unlawful assembly case” regarding agitations seeking jobs for Maharashtrians in the Railway. Justice Amit Borkar remanded the matter back to the Sessions court of Islampur directing it to decide the revision application afresh as the order …

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order
1 year, 9 months ago

UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order

Live Law  

The Supreme Court on Monday reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities Act, 1967. Therefore, he urged the top court to first, modify the high court’s order to the extent …

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court
2 years ago

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court

Live Law  

The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 CrPC.In this case, the accused filed a discharge application under Section 227 r/w Section 300 Cr.P.C. The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered …

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 3 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court
3 years, 1 month ago

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court

Live Law  

A High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday.The bench comprising Justices DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an investigating agency. A …

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court
3 years, 8 months ago

Defence On Merits Is Not To Be Considered At Stage Of Framing Of Charge And/Or At The Stage Of Discharge Application: Supreme Court

Live Law  

The Supreme Court observed that defence on merits is not to be considered at the stage of framing of the charge and/or at the stage of discharge application.At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible, the bench comprising Justices DY Chandrachud and MR Shah said.In this case, the Special …

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court
3 years, 11 months ago

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

Live Law  

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme, 1978 and Section 65 …

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court
4 years, 1 month ago

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court

Live Law  

"It is unfortunate that clients are suffering for cases which can easily be disposed of but for the reasons that the Members of Bar have been abstaining from judicial work creating a backlog of cases", the Allahabad High Court observed on Monday. Perusing the same, the Court said, "From the perusal of the same, it indicates that for various reasons, …

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