VidhiSangh

Supreme Court of India · 01/05/2019

STATE BY KARNATAKA LOKAYUKTA POLICE STATION, BENGALURU versus M.R. HIREMATH

[2019] 8 S.C.R. 713 · 2019 INSC 611

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Summary

Absence of a Section 65B certificate when the charge-sheet was filed did not justify quashing the corruption prosecution at the discharge stage; certification was required when the electronic record was tendered in evidence. The High Court also wrongly dismissed other prosecution material without proper consideration. Providing a spy camera to ascertain whether the complaint disclosed a cognizable offence was a permissible preliminary inquiry on these facts. The order refusing discharge was restored.

Issues

  1. Whether lack of a Section 65B certificate with the charge-sheet was fatal.
  2. Whether the spy-camera exercise before the FIR was impermissible investigation.
  3. What scrutiny was appropriate when considering discharge.

Provisions considered

Held

Result

Appeal allowed. High Court order quashing the proceedings set aside; trial judge’s 5 December 2016 order dismissing the respondent’s discharge application maintained.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 713.