Supreme Court · 2010 INSC 61 · Decided 27 January 2010
P. Vijayan v. State of Kerala & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 61 · [2010] 2 S.C.R. 78
- Case number
- CRIMINAL APPEAL No. 192/2010
- Decided
- 27 January 2010
- Bench
- P. SATHASIVAM, H.L. DATTU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34; CrPC Section 227; Evidence Act Section 30
Headnote
Code of Criminal Procedure, 1973 - s. 227 - Discharge - Retired JPS officer aged 85 years charge-sheeted uls.3021 C 34 /PC for killing a naxa/ite in a fake encounter, on basis of confession of a constable - Discharge petition u/s. 227 - Rejection of, by courts below - Held: s. 227 confers special consideration of records and documents 'there is no sufficient o ground' for proceeding against accused'- On facts, trial court after evaluating the materials produced by prosecution and after considering the probability of the case, dismissed the discharge petition and High Court upheld the
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