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Supreme Court of India · 14/09/2022

KANCHAN KUMAR versus THE STATE OF BIHAR

[2022] 16 S.C.R. 188 · 2022 INSC 955

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Summary

An officer of the Bihar State Financial Corporation was charged under Section 13 of the Prevention of Corruption Act with assets disproportionate to his income over 1974–1988. The FIR was filed in 2000 and the charge sheet in 2007. The charge sheet put his income at Rs. 3,01,561 and his expenditure at Rs. 5,24,386. The Special Judge and the High Court refused discharge, saying his objections required a roving inquiry. The Supreme Court discharged him. At the Section 227 stage, the judge must sift the record for basic infirmities. The charge sheet counted a Rs. 55,000 bank balance where the passbook showed Rs. 11,998, double-counted loan repayments already deducted from salary, and included articles seized in 2000 with nothing linking them to the check period. Corrected, expenditure fell to Rs. 2,69,355, below income, so no prima facie case existed.

Issues

  1. Whether the trial court, on a discharge application under Section 227 CrPC, could decline to examine glaring errors in the prosecution's own disproportionate-assets computation as requiring a 'roving inquiry'
  2. Whether, on the charge sheet's own figures properly read, a prima facie case of disproportionate assets was made out

Provisions considered

Held

Result

Appeal allowed. The orders refusing discharge were set aside and the appellant discharged; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 188.