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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, SUREPALLI NANDA
Maaz Hassan Farooq Maaz – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. background of the criminal appeal. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the discharge petition. (Para 5 , 6) |
| 3. court's analysis on section 227 of cr.p.c. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. requirement for reasoned orders in discharge. (Para 20 , 21) |
| 5. judicial considerations on the impugned order. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. conclusion of the appeal. (Para 33 , 34) |
JUDGMENT :
Moushumi Bhattacharya, J.
The Criminal Appeal arises out of an order dated 26.03.2024 passed by the learned IV Additional Metropolitan Sessions Judge-cum- Special Court for NIA Cases, Nampally, Hyderabad in Crl.M.P.No.1895 of 2023.
2. By the impugned order, the Trial Court dismissed a petition filed by the appellant under section 227 of The Code of Criminal Procedure, 1973, (‘Cr.P.C.’) for discharging the appellant for the alleged offences under section 120B of The Indian Penal Code (‘IPC’); sections 18, 20, 38 and 39 of The Unlawful Activities (Prevention) Act, 1967 (‘the UAPA Act’) and sections 4, 5 and 6 of The Explosives Substances, 1908 (‘the 1908 Act’).
Facts leading to the Impugned Order
3. The appellant herein - the
The court emphasized the necessity for a prima facie case to be established before proceeding to trial, underlining a judge's role in evaluating evidence without conducting a full trial.
(1) Discharge of accused – At stage of consideration of such application for discharge, defence case or material, if produced at all by accused, cannot be looked at all – Court has to proceed with as....
Confessional statement of accused before police is inadmissible in evidence – In a case where there is no material at all which could be translated into evidence at trial stage it would be a miscarri....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
Point of Law : Criminal Law - Gang Rape - Charge can be quashed if evidence which the prosecutor proposes to adduce to prove guilt of accused, even if fully accepted before it is challenged by cross-....
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