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Standard of Consideration under S. 245, CrPC - Distinction between Unrebutted case and Unrebutted evidence.
In order to establish the difference between an unrebutted case and an unrebutted evidence, the Hon’ble. High Court of Allahabad, illustrated the scope of magisterial powers to consider as to whether there exists a prima facie case against the accused or not. The discharge of an accused person by a magistrate under section 245(1) of the Code of Criminal Procedure 1973, demands the satisfaction of the absence of prima facie case, to be applied at the very preliminary stage. If the complaint is filed by a bona fide person, he must always be given a reasonable opportunity to validate his allegations. But in the case where the complainant is acting under ulterior motives, the innocent accused should not be made to suffer unjust prosecution. The Courts ought to consider matters of such sensitivity, with adequate seriousness, before framing the charges. The yardstick of establishment of a prima facie case is what needs to be considered while determining the existence of sufficient grounds to proceed against an accused or discharge him in the alternative.
In the instant case, of M/S Daurala Sugar Works Thru Managing Director v. State Of U.P. & Another, 2020. Where the application was filed under section 482 of CrPC, in regards to the dispute over permission for discharging 'Trade Effluents' into a water body by Distillery was challenged. The question arose as to whether unrebutted evidence leads to warrant conviction or unrebutted case leads to warrant conviction of the accused under section 245 of CrPC?
The High Court of Allahabad while examining this question held that, firstly the court has to examine in a given instance, whether there exists a preliminary case against the accused or not. Secondly, the 'case', which if unrebutted would lead to a warrant of conviction needs to be considered and not when an 'evidence' if unrebutted, would lead to a warrant of conviction. In this manner, the Court clarified the distinction between an unrebutted case and unrebutted evidence while deciding the question of discharging an accused.
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