The Hon’ble Supreme Court on 1st July 2019, in the matter of Asim Shariff v. National Investigation Agency observed that while examining a discharge application, the court is not supposed to hold a mini trial by marshalling the evidence on records.
The Hon’ble Supreme Court observed that:
The Judge while considering the question of framing charge under Section 227 CrPC in sessions cases(which is akin to Section 239 CrPC pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the material placed before the Court discloses grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion against the accused, the trial Judge will be justified in discharging him. (Para 19)
While examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record. (Para 19)
Copy of judgement: Judgement_01-Jul-2019