VidhiSangh

Supreme Court of India · 05/09/2022

STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE versus R. SOUNDIRARASU ETC.

[2022] 7 S.C.R. 630 · 2022 INSC 915

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Motor Vehicle Inspector and his wife were charge-sheeted under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 109 IPC for disproportionate assets. The Special Judge refused discharge under Section 239 CrPC. In revision, the High Court discharged both accused, holding that the investigating officer had ignored the husband's explanation and that the wife's income-tax returns showed lawful income. The Supreme Court set this aside. An accused has no right to have an explanation considered before the charge-sheet, and income-tax returns are not conclusive proof of lawful income. The accused's burden to account satisfactorily cannot be discharged at the Section 239 stage, and the High Court had effectively run a mini-trial.

Issues

  1. Whether the High Court could discharge accused charged with possessing disproportionate assets because the investigating officer did not consider the public servant's explanation
  2. Whether income-tax returns and other defence material showing the wife's separate income could be weighed on a preponderance of probability at the discharge stage under Section 239 CrPC
  3. Scope of discharge under Section 239 CrPC and of revisional power under Sections 397 and 401 CrPC

Provisions considered

Held

Result

Appeals allowed; the High Court's orders discharging both accused were set aside and the Special Court was directed to frame charges and proceed to trial; observations are not a finding on guilt or innocence.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 630.