Supreme Court · 2023 INSC 894 · Decided 9 October 2023

State of Gujarat v. Dilipsinh Kishorsinh Rao

Court
Supreme Court of India
Citation
2023 INSC 894 · [2023] 13 S.C.R. 847
Case number
CRIMINAL APPEAL No. 2504/2023
Decided
9 October 2023
Bench
S. RAVINDRA BHAT, ARAVIND KUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 397, 227, 401

Headnote

HEADNOTES Issue for consideration: Whether the High Court was justifi ed in allowing the application for discharge fi led by the accused; and as such whether the order of the sanctioning authority is liable to be set aside and consequently, the charge-sheet fi led by to be quashed. Code of Criminal Procedure, 1973 - ss. 397, 227, 401 - Application for discharge - Principles to be considered: Held: The court must proceed on an assumption that the material brought on record by the prosecution is true and evaluate the said material to

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