What documents can be used when discharging?
While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which never form part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.
High Court directed to use other documents
In this case when the accused filed a petition to quash the FIR, the High Court directed the Trial Court to consider the documents which are not part of the charge-sheet at the time of framing of charge.
The SC says the High Court’s order to consider such extraneous documents is illegal.
SC relied on its earlier judgement in 2005
The SC relied on the case of State of Orissa v Debendra Nath Padhi [ (2005) 1 SCC 568] which has reiterated the well-settled law that while considering the prayer for discharge, the Trial Court cannot consider any document which is not part of the charge-sheet.
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