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2010 Supreme(SC) 104

H.L.DATTU, P.SATHASIVAM
P. Vijayan – Appellant
Versus
State of Kerala – Respondent


Judgement Key Points

Key Points: - The interpretation of Section 227 CrPC: discharge if there is not sufficient ground for proceeding, with reasons to be recorded (!) (!) (!) - At the Section 227 stage, the judge may sift and weigh evidence limited to determining prima facie ground for trial; if sufficient ground exists, charge under Section 228; else discharge (!) (!) - If two views are possible, one with grave suspicion may justify framing a charge; strong but not grave suspicion may still allow discharge depending on circumstances (!) (!) (!) - The decision to discharge is not a post office function; requires judicial consideration of broad probabilities and total effect of evidence and documents (!) (!) - The case clarifies that the discharge order need not provide detailed reasons, but there must be evidence showing insufficiency of grounds; otherwise, trial proceeds (!) (!) - The judgment reiterates prior precedents: State of Bihar v. Ramesh Singh, Union of India v. Prafulla Kumar Samal, and Soma Chakravarty v. State through CBI, regarding the scope of Section 227 (!) (!) - The appellate court upheld dismissal of discharge petition and directed expeditious trial, considering the appellant’s age and request for dispensing personal appearance (!)

What is the scope and ambit of Section 227 CrPC for discharge at the threshold?

What are the circumstances under which a Judge can discharge an accused under Section 227 CrPC and when should a charge be framed?

What is the proper consideration of evidence and grounds for proceeding at the Section 227 stage as clarified by this judgment?


JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the judgment and order of the High Court of Kerala at Ernakulam dated 04.07.2007 passed in Criminal Revision Petition No. 2455 of 2007, in and by which, the learned single Judge, after finding no ground to interfere with the order passed by the Trial Judge dismissing discharge petition filed by the appellant herein, refused to interfere in his revision.

3) According to the appellant, he is a retired IPS officer aged about 85 years. He enjoyed a considerable reputation as an IPS officer and had retired as the Director General of Police, Kerala. In the course of his tenure as a senior police officer, he controlled the Naxalite militancy which was rampant in Kerala in the 1970s. In the 1970s, Naxalites under the banner of CPI(ML), a militant organization, had taken up the cause of the poor through armed appraisal and violence. The said organization committed various brutal murders and dacoities including attacking police stations and murdering innocent policemen. The State Government which was in power at the relevant time took serious note of the said atrocities committed by the cadres of CPI (ML) and t





































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