Lower courts while hearing discharge applications of accused are not expected to hold a detailed scrutiny but have to only see if there is a prime facie case made out against the applicant accused, the Bombay High Court has held.
"It is the duty of the criminal court while deciding discharge applications to find out as to whether the record of the case indicates that there is a prima facie case against the applicant/accused," Justice S C Dharmadhikari observed.
The High Court further held that the lower court is not expected to hold a detailed scrutiny and inquiry.
"While relying on the record produced by the prosecution is permissible the discharge application should not be dismissed or rejected on extraneous grounds," the court said recently.
"Time and again, the Supreme Court has clarified that the criminal courts are not supposed to act as post offices where materials are deposited against the persons who are arraigned as accused," Justice Dharmadhikari said.
The observations were made by the court while hearing an application made by one Ismail Shaikh, a kerosene dealer, seeking discharge from a case registered against him for selling kerosene, meant for distribution through the fair price shop, in the open market.
Shaikh, who was arrested in April 2007, approached the High Court after the sessions court rejected his discharge plea.
Booked under the Essential Commodities Act and various sections of the Indian Penal Code for robbery, causing hurt and mischief, Shaikh sought discharge only under the criminal sections of IPC.
According to his lawyer, Shaikh can at the most be tried only under the Essential Commodities Act. However, the prosecution argued that Shaikh and the other accused persons had threatened and assaulted the complainant who had informed the police about the sale of kerosene.
Observing that prima facie there was no material against the accused, Justice Dharamdhikari said, "Having not applied the principles and approaching the matter in the right perspective, the impugned order, which is vitiated by an error of law apparent on the face of record and perversity, cannot be sustained. It is accordingly set aside.
