https://www.taxtmi.com/caselaws?id=306347 At the discharge stage, the court must only see whether the record creates a grave or strong suspicion and may sift the materials without conducting a trial-like appraisal of defence evidence. The commentary also notes that where an earlier adjudicatory or quasi-judicial proceeding on the same facts has exonerated the accused on merits, and that finding directly undermines the foundation of the criminal case, continued prosecution may amount to abuse of process. On that reasoning, the mining demand order and the criminal case were treated as resting on the same factual basis, supporting discharge. en-us Fri, 27 Nov 2020 00:00:00 +0530 Mon, 23 Jan 2023 18:51:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306347 At the discharge stage, the court must only see whether the record creates a grave or strong suspicion and may sift the materials without conducting a trial-like appraisal of defence evidence. The commentary also notes that where an earlier adjudicatory or quasi-judicial proceeding on the same facts has exonerated the accused on merits, and that finding directly undermines the foundation of the criminal case, continued prosecution may amount to abuse of process. On that reasoning, the mining demand order and the criminal case were treated as resting on the same factual basis, supporting discharge. Case-Laws Indian Laws Fri, 27 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306347