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Supreme Court of India 2020-01-07 dismissed

M.E. SHIVALINGAMURTHY vs CENTRAL BUREAU OF INVESTIGATION, BENGALURU

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

The appellant, former Director of Mines and Geology in Karnataka, challenged the High Court's reversal of a trial court order discharging him from criminal charges relating to mining lease management. The charges involved allegedly violating mining regulations by issuing mineral dispatch permits without government approval after a mining company was reconstituted with new partners. The Supreme Court held that at the discharge stage under Section 227 Cr.P.C., an accused cannot introduce their own defence evidence, only prosecution materials can be considered. Though the appellant's explanation regarding established departmental practice and consultation with legal authorities could not be tested at this stage, the High Court was justified in refusing discharge, as grave suspicion based on prosecution evidence was sufficient to proceed to trial.

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