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Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): Chandramauli Kr. Prasad, M. Y. Eqbal , JJ

(A) Constitution of India , Art.136— Limitation Act (36 of 1963) , S.5— SLP filed by Govt. - Delay - Condonation - Plea that change of Govt. is not sound ground to condone delay - Carries weight. (Para 10) (B) Criminal P.C. (2 of 1974) , S.227— Discharge - Consideration - Court has to see whether from material on record it could be said that accused might have committed offence - It need not hold mini trial and come to conclusion that material produced warrant conviction. True it is that at the time of consideration of the applications for discharge, the court cannot act as a mouthpiece of the prosecution or act as a post-office and may sift evidence in order to find out whether or not the allegations made are groundless so as to pass an order of discharge. It is trite that at the stage of consideration of an application for discharge, the court has to proceed with an assumption that the materials brought on record by the prosecution are true and evaluate the said materials and documents with a view to find out whether the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence. At this stage, probative value of the materials has to be gone into and the court is not expected t....