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may 2023

Supreme Court of India · 2023-05-18

CAPTAIN MANJIT SINGH VIRDI (RETD.) vs HUSSAIN MOHAMMED SHATTAF

Citation / case number
SC 2019/43002
Court
Supreme Court of India
Petitioner
CAPTAIN MANJIT SINGH VIRDI (RETD.)
Respondent
HUSSAIN MOHAMMED SHATTAF
Author
HON'BLE MR. JUSTICE ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court examined whether the High Court's order setting aside a discharge application was justified, emphasizing that the High Court conducted a mini-trial by relying on police statements during investigation, which was beyond its jurisdiction. The Court noted the importance of considering comprehensive evidence such as psychological evaluations and profiling conducted on the accused. The judgment underscores the limits of judicial review at the discharge stage and the necessity of adhering to proper procedural boundaries. The Court ultimately upheld the order, emphasizing the need for proper legal procedures in discharge proceedings.

CAPTAIN MANJIT SINGH VIRDI (RETD.) vs HUSSAIN MOHAMMED SHATTAF · Niyam