A key element necessary to go for Discharge petition is the following:
That prosecution should refer to existence of any material and not the sufficiency of the materials. If this is missing, you have good chance of winning your Discharge Petition.
With reference to the absence of allegations under Sections 8 and 9 of the Act, it is submitted whether the charge sheet has reference to any particular material referred to in it and the relevance of it is to be considered at the time when the charge is framed. It would not be desirable to analyse minutely the materials as at that stage the Court is primarily concerned with the question as to whether charge is to be framed in respect of any offence and whether there prima facie appears existence of any material and not the sufficiency of the materials. Therefore, the appellants’ stand that the charge sheet does not refer to any particular material cannot be accepted, more particularly, in view of the specific materials referred to by learned counsel for the respondent-State.
Parkash Singh Badal and Anr Vs State of Punjab and Ors on 6 December 2006
Citations: [2007 JT 1 89], [2006 CRIMES SC 4 388], [2007 AIR SC 1276], [2007 AIR SC 1415], [2007 SCC CRI 1 193], [2007 SCC 1 1], [2006 SCR SUPP 10 197], [2006 SUPREME 8 964], [2006 SCALE 13 54], [2007 AIR SC 1274], [2007 AIC SC 51 623]
Other Source links:
https://indiankanoon.org/doc/1634320/
https://www.casemine.com/judgement/in/5609ae36e4b014971141330e
Index of Discharge/Quash case laws here.
Shades of Knife
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