Code of Criminal Procedure, 1973: Discharge application – Respondent No.1 was named as an accused for committing offence punishable under s.120-B IPC and ss.7, 12, 13(2) r/w s.13(1)(d) of Prevention of Corruption Act, 1988 – Discharge application filed by respondent No.1 – Trial court rejected the discharge application – Respondent No.1 filed revision application before the High Court – High Court allowed the revision application – On appeal, held: Trial Court had adverted to relevant evidence which in its opinion pointed towards the involvement or the complicity of respondent No.1 in the commission of the alleged crime – High Court without analyzing any factual aspects of the matter proceeded to record that it is a case of no evidence against respondent No.1 and allowed the discharge application – The approach of the High Court is unacceptable – Impugned judgment is set aside and the parties are relegated to the High Court for reconsideration of the revision application on its own merits.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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