Remedy after dismissal of criminal revision by high court. I would like to seek your assistance. Discharge petition dismissed in magistrate court. Criminal Revision Case dismissed in High Court. What are the options now?
Asked from: Telangana
After dismissal of criminal revision by the high court the aggrieved person has the option to file a special leave petition i.e. SLP (criminal) in the Supreme Court under Article 136 of the Constitution of India. Keep the grounds of SLP very specific. You can file SLP on any of these grounds:
- No prima facie case has been made out against the accused [Dilawar Balu Kurane v. State of Maharashtra, (2002) 2 SCC 135]
- No relevant evidence in support of allegation or the charge-sheet further does not contain any allegation which can amount to an offence.
- No offence has been made out against the accused. (State of Haryana vs Bhajan Lal 1992)
- No grave suspicion about the commission of offence but evidence produced along with the charge sheet gives rise suspicion only. (Yogesh v. State of Maharashtra, (2008) 10 SCC 394]. If two views are possible and one of them gives rise to suspicion only, the accused is entitled for discharge. [CBI v. K. Narayana Rao, (2012) 9 SCC 512]
- The order of revisional court is unreasoned or passed in a mechanical manner.
- Revisional Court has failed to evaluate the evidence available on record.
At the stage of framing of charge, the trial court is bound to examine and evaluate the evidence to satisfy itself whether there is sufficient ground for proceeding against the accused? It clearly shows that the Judge is not a mere post office to frame the charge at the behest of the prosecution. The court is bound to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution [Sajjan Kumar v. CBI, (2010) 9 SCC 368].
The hon’ble Supreme Court has held in State of J&K v. Sudershan Chakkar, (1995) 4 SCC 181, that the law required the Court to consider only the charge-sheet and materials adduced with it. Hence, there is very limited scope in discharge petition. Court cannot go beyond the charge sheet.
If the charge sheet and materials adduced with it do not constitute offence or grave suspicion about the commission of offence, you are entitled to discharged. If your case has merit, you should file SLP because it is the ultimate remedy after dismissal of criminal revision by high court.
