Prima facie threshold for discharge: valid sanction and no automatic benefit from missing independent witnesses at pre-charge stage.

At the pre-charge stage, discharge cannot be sustained where the record shows strong suspicion or a prima facie basis to proceed; the court is not required to assess whether conviction is certain. The sanction was upheld because it reflected due application of mind on the material before the sanctioning authority, and the non-production of the retracted statement before that authority did not vitiate it. Examination of the sanctioning authority was not required at this stage, and a presumption of regularity applied to official acts. Absence of independent witnesses did not, by itself, justify discharge where other prosecution material remained for trial.

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Issues: Whether the discharge order under Section 245 of the Code of Criminal Procedure, 1973 could be sustained on the grounds of alleged invalid sanction and absence of independent witnesses.

Analysis: At the stage of consideration for charge, the court is not required to weigh the evidence meticulously or assess whether conviction is certain; it is enough if the record discloses a strong suspicion or prima facie basis for proceeding. The sanction order was found to have been passed after due application of mind on the material placed before the sanctioning authority, and the non-production of the retracted statement before that authority did not by itself vitiate the sanction. The law did not require examination of the sanctioning authority at the pre-charge stage, and a presumption of regularity attached to official acts in the absence of contrary material. The absence or non-association of independent witnesses was also not, by itself, a ground for discharge where the prosecution had other material to be tested at trial.

Conclusion: The discharge order was unsustainable and was set aside.

Final Conclusion: The matter was sent back for trial before the trial court, which was directed to proceed expeditiously.

Ratio Decidendi: At the pre-charge stage, the court proceeds on prima facie material and strong suspicion, while validity of sanction is not defeated absent material showing non-application of mind, and lack of independent witnesses does not automatically warrant discharge.

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