IMPORTANT POINT
Scope of inquiry in discharge application is limited and no document which is not a part of charge-sheet can be considered at that stage.

ORDER

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellants filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) for quashing charge-sheet filed under Sections 406, 465, 468, 471 and 467 read with 34 of the Indian Penal Code, 1860.

4. By the impugned order, the High Court has dismissed the petition without considering the merits of the case made out in the petition under Section 482 of the Cr.P.C. The High Court has simply observed that the appellants can raise all contentions while arguing discharge application.

This Court has repeatedly held that the scope of inquiry in discharge application is limited and no document which is not a part of the charge-sheet can be considered at that stage.

5. As the High Court has not considered the case of the appellants on merits, we set aside the impugned order dated 20th September, 2024 and restore application under Section 482 of the Cr.P.C. to the file of the High Court. The restored petition shall be listed before the Roster Bench on 15th October, 2025. The parties who are represented today before this Court shall be under an obligation to appear on that day and no further notice shall be served to them.

6. All questions are left open to be decided by the High Court.

7. Interim relief granted by this Court on 02nd December, 2024 will continue to operate till further orders are passed by the High Court.

8. A copy of this order shall be forwarded by the Registry to the Registrar (Judicial) of the High Court of Judicature at Bombay who will ensure that the application is listed before the Roster Bench.

9. The appeal is partly allowed on above terms. 10. Pending application(s), if any, shall stand disposed of.