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Supreme Court of India 2023-10-09 allowed

STATE OF GUJARAT vs DILIPSINH KISHORSINH RAO

Bench: 2 — S. Ravindra Bhat, Aravind Kumar

In Brief

The State appealed against a High Court order that quashed proceedings against a former Sub-Inspector accused of acquiring disproportionate assets. The Supreme Court held that at the discharge stage under Section 227 of the Criminal Procedure Code, the trial court must evaluate only the prosecution's charge-sheet material and assume it to be true. The court cannot examine the accused's defence or weigh his explanations—these are matters for trial. The High Court erred in acting as an appellate court, appreciating evidence, and accepting defence documents as truthful. A prima facie case disclosing reasonable suspicion is sufficient for framing a charge. The Supreme Court allowed the appeal, setting aside the High Court's order and directing the trial court to proceed with prosecution expeditiously.

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Criminal Procedure Prevention of Corruption Discharge Application Disproportionate Assets Revisional Jurisdiction

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