S.239 CRPC | The accused can be discharged when criminal prosecution materials, even if not presented does not indicate guilt: the High Court Orissa

The High Court Orissa He reiterated that an accused should be discharged when the materials produced at the time of examination for the load are of such a nature that, if they remain uncoated, they would not indicate the guilty of the accused.

While ingesting the principles of the law regulating the discharge to accuse under Section 239 FROM Code of Criminal Procedure (“CRPC”), Bench Division A Justice Sangam Kumar Sahoo and Justice Savitri Radho held –

“If there is no reason to assume that the accused has committed an offense, the accusations must be considered to be without the basis. The land can be any valid land, including the insufficiency of the evidence to demonstrate the accusation. When the materials when it is taken into account for the accusation is of such a nature that if it is not recognized, it would not make any case, the accused should be downloaded. “

The background of the case

The petitioners Bibhuti Bhusan Mishra, an additional retired secretary of the government, the department of water resources and his wife Soudamini Mishra submitted this challenged petition of 27.01.2024 adopted by the Special Judge

Petitioners were in the form of a tax below Section 13 (2) Read with Section 13 (1) (s) FROM The law on the prevention of corruption, 1988 Read with Section 109 of the CPI regarding the accusation that the petitioner no.1, being a public official, purchased both mobile and immovable assets, in the tone of Rs.30.30.683.84 on his behalf and on behalf of his family in a certain verification period.

At that time, he incurred expenses of 27.50,730.45 lei. Thus, on both counts, the sum of the total expenses reached 57.81,414.00 Rs.81.414.00. Against this fact, he had an income obtained by Rs.26,12,730.31 of all his legal sources known during that period. Therefore, he was accused of acquiring disproportionate assets in the agreement of Rs.31.68.684/- against his well-known and legal sources of income.26,12.730/-.

Contents of the parties

Lawyer Senior Assocu Mohanty The appearance for petitioners argued that the assets and expenses, as reflected in the tax sheet, are very swollen and a certain salary received by the petitioner no.1 have not been taken into account. He further argued that two sons of the petitioners contributed a substantial amount for the construction of the house, but the same was not taken into account.

He also claimed that several known sources of petitioners were ignored in a Mala Fide The mode and even the amount yes has not been taken into account properly while sending the charging sheet. He empathically argued that the court below rejected the discharge petition deposited by petitioners in a circuit manner, which can be canceled.

Sangram das standing counselorOn the other hand, he argued that the contents of the petitioners that some amounts were made extremely swollen against the assets and spending fields, so that also the statement regarding the deliberate omission of some sources of income must be judged at the time of the trial and not at this stage.

The court’s observations

The only question that was considered was whether the petitioners were entitled to be downloaded to the set of facts and circumstances. To decide the same thing, the court examined the disposition under section 239, CRPC, which allows a magistrate to download an accused, when he finds the accusation against the accused of being without the basis, which means without any basis or foundation.

“In order to reach such a conclusion, the court must take into account the police report and the documents sent with it in accordance with section 173 of CR.PC, the court can also do the examination of the accused, if necessary. The opportunity to hear must be offered both the criminal prosecution and the accused at that stage. The truth, the veracity and the effect of the proposed materials be brought by criminal prosecution during the trial should not be judged meticulously. “

It emphasized the object behind the adoption of section 239 of CRPC, which is to save an accused of unnecessary and prolonged harass First facie The case is done.

Also, the bank has clarified that an accused may, in exceptional cases, produce materials in front of the High Court, which can be taken into account to decide a petition deposited in accordance with section 239 of CRPC, without appreciating evidence to verify whether the defense plea can be established by the accused or not.

“In the stage of classification of the tax, in rare and exceptional cases, if the accused produces materials in front of the High Court, which are based on solid, reasonable and undoubted facts and cannot be justified by the criminal prosecution and which are of the quality or based on the admitted documents, which would exclude and eliminate the abuse in which the abuse of the process was it ensures based on the tasks with the level granted against it, to prevent the abuse of the process in which it can be ensured that it is based on tasks that it has been emphasized if it can be ensured that the abuse of being ensured if the abuse is ensured, in conditions to be ensured, to ensure, if it is possible to ensure that the abuse is ensured in the case that has been ensured in the case that has been ensured in the case that has been ensured in the case that it has been ensured in the case that has been ensured in the case that it has been ensured in the case that has been ensured in case of ensuring the case in case The basis of the tasks, according to the justice, the High Court even at the stage of section 239 of CR.PC can take into account such materials ”,”, ” he noticed.

The court was based on a chain of precedents from the Supreme Court discussing the power of the courts to download an accused in accordance with section 239 of CRPC. When examining the facts against the resolved law position, the bank held –

“… We believe that the court learned examined the materials carefully and, because it was convinced that the first facie is made and it cannot be said that the accusation against the two petitioners would be without the basis, has rightly rejected the petition submitted by the petitioners under CR.PC”

He said that the veracity of the content of the petitioners on receiving a substantial amount from their sons and Mala Fide The omissions of other known and legal sources of income can only be judged in the stage of the trial. Therefore, it would be maintained, it would be premature to cancel the procedures/Download the petitioners, especially when it is sufficient First facie Materials are available to continue against them.

As a result, the petition was rejected.

Case title: BIHUTI BHUSAN MIHRA & ANR. v. States (Vigilance)

Case no: CRLMP no. 1245 of 2024

Date of Judgment: March 04, 2025

Petitioner advisor: Mr. ASOK MOHANTY, senior lawyer

State counselor: Mr. Sangram Das, permanent counselor (vigilance)

Citation: 2025 Livelaw (times) 46

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