Published on: November 03, 2023 at 01:27 IST
Court: Supreme Court of India
Citation: Iqbal V. State of U.P. (2023)
Honorable Supreme Court of India has held that an accused can prefer an application under the aegis of Section 227 of the Code of Criminal Procedure, 1973 for discharge before the Hon’ble Court of Sessions Judge. It is held that once the investigation is over then the Trial Court has all the opportunity to appreciate the materials on Charge Sheet and take a decision whether any case for discharge is made out or not.
7. It is relevant to note that the victim has not furnished any information in regard to the date and time of the commission of the alleged offence. At the same time, we also take notice of the fact that the investigation has been completed and charge-sheet is ready to be filed. Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences, yet we are of the view that the appellants should prefer discharge application before the trial court under Section 227 of the Code of Criminal Procedure (CrPC).
We say so because even according to the State, the investigation is over and charge-sheet is ready to be filed before the competent court. In such circumstances, the trial court should be allowed to look into the materials which the investigating officer might have collected forming part of the charge-sheet. If any such discharge application is filed, the trial court shall look into the materials and take a call whether any case for discharge is made out or not.
Drafted By Abhijit Mishra
