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Supreme Court of India 2019-03-07 allowed

STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION vs J. DORAISWAMY ETC

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Two police inspectors were prosecuted under the Prevention of Corruption Act, 1988 for alleged bribery. They sought discharge under Section 227 of the Criminal Procedure Code, which the trial court allowed. The High Court upheld the discharge order by detailed examination of witness statements and inconsistencies. The Supreme Court reversed this decision, holding that the High Court wrongly acted as an appellate court rather than a revisionary court. At the discharge stage, courts must only examine whether the charge-sheet discloses a prima facie case—not appreciate evidence or find fault with witness credibility. The Court remitted the case for trial on merits within six months."

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Criminal Procedure Prevention of Corruption Discharge of Accused Appellate Jurisdiction Standards of Review

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