SUPREME COURT DOUBTS PRECEDENT WHICH LIMITED THE SCOPE OF HIGH COURT IN DECIDING DISCHARGE APPLICATIONS

The Supreme Court in the case Vishnu Kumar Shukla and Anr v.

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The State Of Uttar Pradesh and Anr observed and has expressed the reservations about the judgement in the case Minakshi Bala v Sudhir Kumar, wherein it advocated for a restricted approach to be taken by High Courts in discharging accused from criminal cases.

The court set aside the judgement of the Allahabad High Court wherein the court refused to discharge the accused in a criminal case.

The bench comprising of Justice Vikram Nath and Justice Ahsanuddin Amanullah in the case observed and has expressed its reservations with regards to the findings of Minakshi Bala's case, especially paragraph 8 of the judgment.