In this case the fact that investigation had been completed and charge-sheet was ready to be filed in court, proper remedy of accused is to prefer discharge application before trial court, which would be considered in accordance with law.
[Iqbal v. State of U.P., (2023) 8 SCC 734]
Case Comment:
Honorable Supreme Court of India has held that an accused can prefer an application under the aegis of Section 227 of the Code of Criminal Procedure, 1973 for discharge before the Hon’ble Court of Sessions Judge. The investigation is over and charge-sheet is ready to be filed before the competent court. In such circumstances, the trial court should be allowed to look into the materials which the investigating officer might have collected forming part of the charge-sheet. It is held that once the investigation is over then the Trial Court has all the opportunity to appreciate the materials on Charge Sheet and take a decision whether any case for discharge is made out or not.
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