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Supreme Court of India 2022-09-05 allowed

STATE THROUGH DEPUTY SUPERINTENDENT Of POLICE vs R. SOUNDIRARASU ETC

Bench: 2 — Dinesh Maheshwari, J.B. Pardiwala

In Brief

A motor vehicle inspector and his wife were discharged from prosecution under the Prevention of Corruption Act for allegedly possessing disproportionate assets. The High Court accepted their explanation and documents (Income Tax Returns) on preponderance of probability. The Supreme Court reversed this, holding that at the charge-framing stage under Section 239 CrPC, courts must only assess whether a prima facie case exists—not conduct a 'mini-trial'. The burden on an accused is not to prove innocence beyond doubt but to account for assets at trial. Documents like Income Tax Returns cannot conclusively establish lawful sources at the discharge stage. The investigating officer need not consider the accused's explanation before filing the charge-sheet. The Court set aside the discharge and remitted for charge-framing.

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Criminal Procedure Prevention of Corruption Act Discharge of Accused Prima Facie Case Burden of Proof Disproportionate Assets Charge Framing Revision Jurisdiction

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