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.