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Supreme Court of India 2019-03-07 allowed

State Represented by the Deputy Superintendent of Police Vigilance and Anti Corruption, Tamil Nadu vs J. Doraiswamy Etc

Bench: 2 — Sanjay Karol, R. Banumathi

In Brief

The Supreme Court examined whether a High Court was justified in allowing discharge applications filed by respondents in a corruption case under Section 227 of the Criminal Procedure Code. The High Court had effectively acted as an appellate court rather than as a revisionary court by conducting a detailed merits examination. The Supreme Court held that discharge applications require only a prima facie assessment of whether sufficient grounds exist to proceed to trial; courts must avoid recording detailed findings on facts or evidence not yet tested in cross-examination. The Court set aside the High Court's order, dismissed the discharge applications, and directed the trial court to proceed with the case within six months based strictly on evidence adduced at trial.

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Criminal Procedure Corruption Discharge Application Section 227 CrPC Revisionary Jurisdiction

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