For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet.

“In the case of State of Orissa vs Debendra Nath Padhi, (2005) 1 SCC 568, this Court has reiterated the well-settled law that while considering the prayer for discharge, the Trial Court cannot consider any document which is not part of the charge-sheet..”, the bench comprising Justice Abhay S Oka and Justice AG Masih said.

The bench heard an appeal preferred by the accused against whom an FIR was registered by his wife for the offences punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code, 1860 (for short, the IPC') pursuant to initiation of proceedings for annulment of marriage by the appellant.

The decree of annulment of marriage was passed ex-parte, and the same was challenged by the second respondent-wife.

A FIR quashing petition was filed by the Appellant. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and related appeal documents, which were not part of the charge sheet.

Finding the High Court's direction unsustainable in law, the Court held that only documents included in the charge sheet can be considered at the stage of discharge. Since, the decree of nullity and related appeal documents were distant from the charge sheet, thus, the High Court's direction to consider the extraneous documents during charge framing was deemed legally erroneous.

“To say the least, the High Court has committed a gross error by directing the Trial Court to consider the decree of nullity and appeal preferred by the second respondent at the time of framing of charge…Contrary to law laid down by this Court (Debendra Nath Padhi's case), the High Court has directed the Trial Court to consider the documents which are not part of the charge-sheet at the time of framing of charge. Thus, the directions given by the High Court are completely illegal”, the court observed.

Accordingly, the court partly allowed the appeal by restoring back the matter to the High Court to be listed before the Roster Bench of the High Court on 17th December 2024 in the morning.

Appearance:

For Petitioner(s) Mr. Vivek Sharma, Adv. Mr. Vikas Sharma, Adv. Mr. Prashant Chaudhary, Adv. Mr. Ram Kumar, Adv. Mr. Rajeev Kumar Jha, Adv. Mr. Devendra Singh, AOR

For Respondent(s) Mr. Satya Darshi Sanjay, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Meera Patel, Adv. Mr. Akshay Amritanshu, Adv. Mr. Bhuvan Kapoor, Adv. Mr. B K Satija, Adv. Mr. Lal Singh Thakur, Adv. Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Sudhir Teotiya, Adv. Mr. Himanshu Vats, Adv

Case Title: RAJNISH KUMAR BISWAKARMA VERSUS STATE OF NCT OF DELHI & ANR.

Citation : 2024 LiveLaw (SC) 937

Click here to read/download the order