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2014 Supreme(Mad) 2153

M.VENUGOPAL
S. Ramasamy – Appellant
Versus
State represented by The Deputy Superintendent of Police – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondent: S. Shanmuga Velayutham, Public Prosecutor.

Judgment :

1. The Petitioner/A4 has filed the present Criminal Revision Petition as against the order dated 06.09.2013 in Crl.M.P.No.227 of 2013 in Spl.C.C.No.22 of 2012 passed by the Learned Special Judge, Special Court for Cases under Prevention of Corruption Act, Coimbatore.

2. The Learned Special Judge, while passing the impugned order, in Crl.M.P.No.227 of 2013 in Spl.C.C.No.22 of 2012 (filed by the Petitioner/A4), on 06.09.2013, had, among other things, observed that

'... This court considering the said contention of learned petitioner counsel determines that in Sajjan Kumar case our Hon'ble Apex Court has held that “at the stage of framing of charges appreciation of evidence is not permissible and in a discharge petition the Magistrate or Judge should not analyse all materials including pros and cons, reliability or acceptability and only at the trial Judge concerned has to appreciate evidenciary value, credibility or otherwise of the material, veracity of various documents and is free to take a decision one way or other” and so based on the above decision of our Hon'ble Apex Court, this Court determines that in this discharge petition this Court cannot consider and appreci
































































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