M.E. Shivalingamurthy v. Central Bureau of Investigation, Bengaluru (Criminal Appeal No. 957 of 2017)
A Bench of Hon’ble Supreme Court comprising of Hon’ble Mr. Justice S.K. Kaul and Hon’ble Mr. Justice Joseph decided the issue that whether the accused can rely only on materials produced by the prosecution at the stage of discharge under Section 227 of the Code of Criminal Procedure, 1973?
The Court observed
”15. The defence of the accused is not to be looked into at the stage when the accused seeks to be discharged under Section 227 of the Cr.PC (See State of J & K v. Sudershan Chakkar and another reported in AIR 1995 SC 1954. The expression, ”the record of the case, used in Section 227 of Cr.P.C, is to be understood as the documents and the articles, if any, produced by the prosecution. The Code does not give any right to the accused to produce any document at the stage of framing of the charge. At the stage of framing of the charge, the submission of the accused is to be confined to the material produced by the Police (See State of Orissa v. Debendra Nath Padhi, reported in AIR 2005 SC 359).”