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Supreme Court of India 2025-05-22 allowed

State represented by Inspector of Police, CBI, ACB, Visakhapatnam vs Eluri Srinivasa Chakravarthi and Ors

Bench: 2 — Pankaj Mithal, S.V.N. Bhatti

In Brief

The Supreme Court allowed the State's appeal against orders discharging accused persons in a corruption case involving alleged irregularities in cotton procurement by the Cotton Corporation of India (CCI). The court held that an accused has no right to file documents or materials at the stage of framing charges. The Special Court had discharged the accused based on a CCI letter stating no loss was caused, but this letter was brought on record by the accused themselves. The Court found this procedure illegal and contrary to binding precedent. The court clarified that magistrates can only examine the chargesheet and prosecution documents under section 239 of the CrPC, not materials introduced by the defence. The matter was remitted to the Special Court for fresh consideration of whether charges should be framed.

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Criminal Procedure Evidence Discharge of Accused Framing of Charges Corruption Procurement Fraud Cheating Forgery Conspiracy

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