The Supreme Court in a recent judgment while adjudicating upon a criminal appeal against an order of the Bombay High Court reiterated the settled principle of law that at the stage of hearing on the charges entire evidence produced by the prosecution is to be believed, and that the truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial.

In the case at hand, the Respondents 1 and 2 had filed an application for discharge before the Trial Court immediately after filing of the chargesheet in an FIR in a blind murder case, but before framing of charges. The Trial Court had dismissed the application for discharge, against which the Respondents 1 and 2 filed a Revision Petition before the High Court of Bombay. The High Court, while setting aside the order of trial court, discharged the Respondents 1 and 2, and it was the order of the High Court setting aside the Trial Court’s order that came to be challenged before the Supreme Court.

The Supreme Court, while setting aside the order of the High Court observed that at the stage of the charge, the Court has to satisfy that a prima facie case is made out against the accused, and in case no offence is made out then only an accused can be discharged. It held that at the stage of framing of charge, the interference of the Court only if there are strong reasons to hold that in case the trial is allowed to proceed, it would amount to abuse of process of the Court.