All the members of the family accused of 498A IPC offence were discharged as there was no material to prosecute them.
Dr Gaurav Paul Vs Dr Deepali Arora on 07 May 2016There was once a time when copy of complaint in a 498A IPC case was not given to accused, to exercise FIR Quash etc. Had to file RTI application to Police CPIO !!!
CIC_SS_A_2011_002037_M_77848The Apex Court had held that,
Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra on 28 April, 2008“15. It is trite that the words “not sufficient ground for proceeding against the accused” appearing in the Section postulate exercise of judicial mind on the part of the Judge to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. However, in assessing this fact, the Judge has the power to sift and weigh the material for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine a prima facie case depends upon the facts of each case and in this regard it is neither feasible nor desirable to lay down a rule of universal application. By and large, however, if two views are equally possible and the Judge is satisfied that the evidence produced before him gives rise to suspicion only as distinguished from grave suspicion, he will be fully within his right to discharge the accused. At this stage, he is not to see as to whether the trial will end in conviction or not. The broad test to be applied is whether the materials on record, if unrebutted, makes a conviction reasonably possible.”
Citations:
Indiankanoon.org link:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Another wonderful judgment from Hon’ble Apex Court in regards to the principle if grave suspicion exist the trial court should commit the case to trial.
A lot of judgments are citing herein.
Chandra Shekhar Alias Lalla Alias ... vs The State Of Madhya Pradesh on 24 April, 2018This Judgment from Apex Court based on Sajjan Kumar case affirms that the liability against an opining advocate arises only when the lawyer was an active participant in a plan to defraud.
CBI, Hyderabad Vs K. Narayana Rao on 21 September, 201222) … In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skills.
23) A lawyer does not tell his client that he shall win the case in all circumstances. Likewise a physician would not assure the patient of full recovery in every case. A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance which such a professional can give or can be given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him, he would be exercising his skill with reasonable competence. This is what the person approaching the professional can expect. Judged by this standard, a professional may be held liable for negligence on one of the two findings, viz., either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess.
Citations: [2012 SCC 9 512], [2012 SCC CIV 4 737], [2012 SCC CRI 3 1183], [2012 SCC ONLINE SC 766], [2012 CRILJ 4610], [2012 KERLT 4 92], [2012 CTC 6 569], [2012 GUJ LH 3 373], [2013 LW 1 681]
Other Source links: https://indiankanoon.org/doc/186107198/ and https://www.casemine.com/judgement/in/5609af1ee4b0149711415a83
Index of Discharge Judgments u/s 227 Cr.P.C. is here.
Nice judgment from Apex Court regarding discharge of an accused under S 227 of CrPC.
Dilawar Balu Kurane Vs State Of Maharashtra on 8 January, 2002In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the said section has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the materials placed before the court disclose grave suspicion against the accused which has not been properly explained the court will be fully justified in framing a charge and proceeding with the trial; by and large if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully justified to discharge the accused, and in exercising jurisdiction under Section 227 of the Code of Criminal Procedure, the Judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court but should not make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.
Citations: [2002 SCR 1 75], [2002 AIR SC 146], [2002 CRLJ SC 980], [2002 SCJ 1 203], [2002 JCC SC 1 172], [2002 SCC CRI 310], [2002 AIR SC 564], [2002 SCC 2 135], [2002 CRJ SC 2 284], [2002 BOMCR CRI SC 612], [2002 CRIMES SC 1 243], [2002 SCALE 1 47], [2002 SRJ 2 475], [2002 CCR SC 1 61], [2002 SLT 1 99], [2002 JT 1 6], [2002 SUPREME 1 55], [2002 UJ SC 1 269], [2002 RCR CRIMINAL SC 1 451], [2002 CRILJ 980], [2002 LLN 1 671]
Other Source links: https://indiankanoon.org/doc/1868789/ and https://www.casemine.com/judgement/in/5609adb6e4b01497114120c8
Index of Discharge judgments u/s 227 are here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Awesome judgment from Hon’ble Apex Court whereby a person is discharged under section 227 Cr.P.C. from the offence under Prevention of Corruption Act.
From Para 3
The short point which arises for determination in this case is the scope and ambit of an order of discharge to be passed by a Special Judge under section 227 of the Code. The appeal does not raise any new question of law and there have been several authorities of the High Courts as also of this Court on the various aspects and grounds on which an accused person can be discharged, but as section 227 of the Code is a new section and at the time when the application for special leave was filed, there was no direct decision of this Court on the interpretation of section 227 of the Code, the matter was thought fit to be given due consideration by this Court.
From Para 5,
Thus, it would appear that the legislature while dispensing with the procedure for commitment enquiry
under the Code of 1898 has conferred a dual responsibility on the Trial Judge who has first to examine the case on the basis of the statement of witnesses recorded by the police and the documents filed with a view to find out whether a prima facie case for trial has been made out and then if such a case is made out to proceed to try the same. In our view the legislature has adopted this course in order to avoid frivolous prosecutions and prevent the accused from being tried of an offence on materials which do not furnish
a reasonable probability of conviction.
From Para 7,
At the stage of section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. The sufficiency of ground would take within its fold the nature of the evidence recorded by the police or the documents produced before the court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him.
Few terms used by Hon’ble Justices of Apex Court in earlier judgments are
Following principles have emerged
(1) That the Judge while considering the question of framing the charges under section 227 of the Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out:
(2) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained the Court will be, fully justified in framing a charge and proceeding with the trial.
(3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused.
(4) That in exercising his jurisdiction under section 227 of the Code the Judge which under the present Code is a senior and experienced Judge cannot act merely as a Post office or a mouth-piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This however does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.
Union Of India Vs Prafulla Kumar Samal & Anr on 6 November, 1978
Citations: [1979 SCR 2 229], [1979 AIR SC 366], [1979 MLJ CRI 361], [1979 SCC 3 4], [1979 CRILJ 154], [1979 SCC CRI 609]
Other Source links: https://indiankanoon.org/doc/1360078/ or https://www.casemine.com/judgement/in/5609abcce4b014971140d5de
Index of Discharge Judgments u/s 227 Cr.P.C. is here.
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