Code of Criminal Procedure, 1973–Sec. 227/239 [ Corresponding Secs. 250/262 of BNSS, 2023 ]–Discharge of the accused–Whether the documents produced by the accused could have been relied upon by the Special Court for exercising the jurisdiction u/s. 239 ?–Held, no–Discharge under the Cr.P.C. is salutory, and the Magistrate though the expression used in these Section, is under obligation to discharge the accused where from the charge-sheet and the appended documents, it is noticed that the trial of such charges is worthless–Therefore, to sustain the exercise of discretion, the order of discharge conforms to the requirements of these Sections–Impugned orders are liable to be set aside.
State Rep. by Inspector of Police vs. Eluri Srinivasa Chakravarthi & Ors. (SC)
₹52.00 ₹5.20


