Supreme Court: For discharge application, only documents forming part of chargesheet can be considered

The bench in the case was hearing an appeal filed by the accused against whom a First Information Report, FIR was registered by his wife for the offences punishable under Section 498A, Section 406 read with Section 34 of the Indian Penal Code, 1860, IPC which being pursuant to initiation of proceedings for annulment of marriage by the appellant.

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The Supreme Court in the case Rajnish Kumar Biswakarma Versus State Of NCT Of Delhi And Anr observed that the documents needs to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet.

The bench comprising of Justice Abhay S Oka and Justice AG Masih was hearing the present matter.

The bench in the case stated that in the case of State of Orissa vs Debendra Nath Padhi, the court reiterated the well-settled law that while considering the prayer for discharge.

The bench also stated that the Trial Court in the case cannot consider any document which is not part of the charge-sheet.