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An appeal was dismissed by the Supreme Court filed by a Popular Front of India leader accused in the murder of a RSS worker Rudresh in Karnataka.Asim Shariff's application under Section 227 of the CrPC, seeking his discharge from the case in which he was accused of various provisions under Indian Penal Code and Unlawful Activities(Prevention) Act, was dismissed by the Special Court.The Special Court order framing charges against him was affirmed by the High Court rejecting his challenge against it.
The Court observed that,while examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record. The Court arrived to a conclusion that there is a prima facie material of conspiracy among the accused persons giving rise to sufficient grounds of subjective satisfaction of prima facie case of alleged offences of conspiracy being hatched among the accused persons and truth & veracity of such conspiracy is to be examined during the course of trial.
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