Supreme Court of India

State of Gujarat v. Dilipsinh Kishorsinh Rao

Neutral citation
Reported as [2023] 13 S.C.R. 847
Bench S. Ravindra Bhat and Aravind Kumar JJ.
Decided 9 October 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered view that High Court had committed a serious error in interfering with the well-reasoned order passed by the trial court.

Judgment, page 13

From the headnote

Issue for consideration: Whether the High Court was justifi ed in allowing the application for discharge fi led by the accus ed; and as such whether the order of the sanctioning authority is liable to be set aside and consequently, the charge-sheet fi led by Anti-Corruption Bureau is liable to be quashed. Code of Criminal Procedure, 1973 – ss. 397, 227, 401 – Application for discharge – Principles to be considered: Held: The court must proceed on an assumption that the mate rial brought on record by the prosecution is true and evaluate the said material to determine whether the facts disclose

Where later benches applied it

Of those, 1 mentioned

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