Supreme Court · 2022 INSC 955 · Decided 14 September 2022
Kanchan Kumar v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 2022 INSC 955 · [2022] 16 S.C.R. 188
- Case number
- CRIMINAL APPEAL No. 1562/2022
- Decided
- 14 September 2022
- Bench
- BHUSHAN RAMKRISHNA GAVAI, PAMIDIGHANTAM SRI NARASIMHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 227, 228; Prevention of Corruption Act Section 13(1)(d), 13(2)
Headnote
Code of Criminal Procedure, 1973 - ss.227, 228 - Discharge application - Requirement of prime facie case for framing of charges - FIR filed against appellant under ss.13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, alleging that he possessed known source of income - Charge-sheet filed against him indicated that he earned a total income of Rs. 3,01,561 and incurred an expenditure of Rs. 5,24,386 during the check period - Thus, charge was of having amassed Rs. 2,22,825, disproportionate to his known sources of income -
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