ISSUE:
Whether there are no sufficient grounds in framing of the charge under section 227 of the CrPc, 1973?
Whether respondent no. 1 and respondent no. 2 have done conspiracy against the appellant and has committed an offence under section 5(1) (d) and 5(2) of the prevention of corruption act read along with section 120-B of Indian Penal Code and acted illegally?
RULE:
The law in question in this case is section 227 of the Code of Criminal Procedure, 1973. Section 227 talks about discharge which says that “ if upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and will record its reasons.”