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Supreme Court of India · 2019-03-07

State Represented By The Deputy ... vs J. Doraiswamy Etc.

Citation / case number
AIR 2019 SUPREME COURT 1518
Court
Supreme Court of India
Petitioner
State Represented By The Deputy ...
Respondent
J. Doraiswamy Etc.
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the discharge applications under Section 227 of the Criminal Procedure Code, 1973, in a case involving the Prevention of Corruption Act, 1988. The Court emphasized that the High Court acted in an appellate capacity rather than a revisionary one, failing to apply the principles established in Yogesh alias Sachin Jagdish Joshi vs. State of Maharashtra [(2008) (10) SCC 394]. Consequently, the Court set aside the High Court's order, dismissed the discharge applications, and remanded the case for trial on merits.

State Represented By The Deputy ... vs J. Doraiswamy Etc. · Niyam