Case Note & Summary
The appellant, arrayed as accused No.3 in C.C. No.15 of 2014 pending before the XII Additional Special Judge for CBI cases, Chennai, faced trial for offences under Section 120B IPC read with Sections 7, 12 and 13 of the Prevention of Corruption Act, 1988. She filed an application under Section 239 CrPC seeking discharge, which was dismissed by the trial court on 05.02.2018. The High Court of Madras affirmed this order in Criminal Revision Petition No.445 of 2018 on 04.05.2018. The Supreme Court, after hearing both sides, dismissed the appeal, holding that the issues raised by the appellant were such that they required trial on merits after evidence is adduced. The Court clarified that the trial court should decide the matter strictly on evidence without being influenced by observations made in the earlier orders.
Headnote
A) Criminal Procedure - Discharge under Section 239 CrPC - Scope of Inquiry - The court held that where the issues raised by the appellant are refuted by the respondent and require evidence, they are more appropriately decided during trial rather than at the stage of discharge. The court refrained from making observations that could prejudice the trial. (Paras 6-11)
Issue of Consideration
Whether the courts below were justified in dismissing the appellant's application under Section 239 CrPC for discharge from the case.
Final Decision
Appeal dismissed. The trial court to decide the matter strictly on evidence without being influenced by earlier observations.
Law Points
- Discharge under Section 239 CrPC
- Trial on merits
- Prevention of Corruption Act
- 1988
Case Details
Criminal Appeal No.948 of 2019 (Arising out of S.L.P.(Crl.) No.5112 of 2018)
Abhay Manohar Sapre, Dinesh Maheshwari
Mr. Kapil Sibal (for appellant), Mr. Vikramjit Banerjee (for respondent)
Deputy Superintendent of Police, CBI, ACB, Chennai
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Nature of Litigation
Criminal appeal against dismissal of discharge application under Section 239 CrPC in a corruption case.
Remedy Sought
Appellant sought discharge from the case under Section 239 CrPC.
Filing Reason
Appellant's discharge application was dismissed by the trial court and affirmed by the High Court.
Previous Decisions
Trial court dismissed discharge application on 05.02.2018; High Court affirmed on 04.05.2018.
Issues
Whether the courts below were justified in dismissing the appellant's discharge application under Section 239 CrPC.
Submissions/Arguments
Appellant argued for discharge; respondent opposed, contending issues require trial.
Ratio Decidendi
Where the issues raised in a discharge application are refuted and require evidence, they are more appropriately decided during trial rather than at the stage of discharge under Section 239 CrPC.
Judgment Excerpts
We are of the view that the issues urged by the appellant and the same having been refuted by the respondent are such that they can be decided more appropriately and properly during trial after evidence is adduced by the parties rather than at the time of deciding the application made under Section 239 of the Cr.P.C.
Procedural History
Appellant filed discharge application under Section 239 CrPC before trial court, which was dismissed on 05.02.2018. Criminal revision petition before High Court was dismissed on 04.05.2018. Appeal by special leave to Supreme Court.
Acts & Sections
- Indian Penal Code, 1860: 120B
- Prevention of Corruption Act, 1988: 7, 12, 13
- Code of Criminal Procedure, 1973: 239
